A transfer on death deed (TODD) is the simplest way for an El Paso homeowner to pass a house, lot or other Texas real estate to a spouse, children or anyone else without probate. You sign and record the deed now, naming one or more beneficiaries. Nothing changes during your life: you keep the title, the homestead exemption, the right to sell or mortgage, and the right to cancel the deed. At your death, the beneficiary records your death certificate and an affidavit, and the property is theirs. For families whose main asset is the home, a TODD often replaces the need for any court proceeding at all.
Texas adopted the transfer on death deed in 2015 through Texas Estates Code Chapter 114, the Texas Real Property Transfer on Death Act. Under Section 114.055, the deed must contain the essential elements of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the county where the property is located before the owner dies. Section 114.057 provides that the deed cannot be created through a power of attorney, and Section 114.101 confirms it has no effect during the owner's lifetime. A TODD is revoked only by a recorded revocation or a later recorded TODD, not by a will, and under Section 114.106 the property remains subject to creditor claims for two years after death.
Robert Navar pulls your current deed from the El Paso County records, confirms the legal description and how title is held, drafts the transfer on death deed with primary and alternate beneficiaries, and has you sign it before a notary at our office. We then record it with the El Paso County Clerk and give you the file-stamped copy. There is no court involvement at any stage. The most common do-it-yourself mistakes are copying the wrong legal description, having only one spouse sign community property, naming a minor with no alternate, and never recording the deed, which makes it worthless. We also explain when a Lady Bird deed is the better tool.
Transfer on death deed vs. Lady Bird deed vs. will
A TODD and a Lady Bird deed both avoid probate and both let you keep control. The Lady Bird deed is older, is based on common-law life estate rules rather than a statute, and is generally preferred when Medicaid long-term care benefits may be an issue, because it is treated more favorably for Medicaid Estate Recovery in Texas. The TODD has a clear statutory form, is easily revoked, and is a good fit for most El Paso families who are not concerned about nursing home costs. A will still matters for everything else you own and for naming a guardian for children.
What your beneficiary does after your death
The beneficiary does not go to court. They record a certified death certificate together with an affidavit of death in the El Paso County real property records, and title passes as of the date of death. The property comes with any mortgage or lien attached, so the beneficiary should contact the lender promptly. If the beneficiary died before you and no alternate was named, the deed lapses and the property falls back into your estate, which is why we always name alternates. The beneficiary should also file a new homestead exemption application with the El Paso Central Appraisal District.
What's included
- Review of your current deed and El Paso County property records to confirm ownership and legal description
- Transfer on death deed drafted under Texas Estates Code Chapter 114 with primary and alternate beneficiaries
- Notarized signing at our El Paso office
- Recording with the El Paso County Clerk and delivery of the file-stamped copy
- Written instructions and the affidavit of death form your beneficiary will need later
- Advice on whether a TODD or Lady Bird deed fits your situation, at no extra charge
How it works
Property review
Send us your address or a copy of your deed. We pull the El Paso County record, confirm who is on title, check for community property issues, and quote a flat fee.
Drafting and signing
Robert Navar drafts the deed with your beneficiaries and alternates. You review it, ask questions in English or Spanish, and sign before our notary at the office, usually within a week.
Recording
We record the deed with the El Paso County Clerk, which is what makes it effective, and give you the stamped copy plus instructions to keep with your will.