Transfer on Death Deeds in Texas: High Time for the TODD

Explains why those in favor of increased access to justice will support the Texas Real Property Transfer on Death Act includes the statute, “Transfer on Death Deed” or TODD. It allows an owner of real property to designate, via deed, a beneficiary to receive the property upon the owner’s death without going through probate. First, this article will offer a bit of background about the problems in Texas that led to it becoming the latest state to jump on the TODD train, before summarizing the basics of the new law. Next, this article will discuss how Texans—particularly those with little to no money—stand to benefit. Lastly, it will address some challenges associated with the TODD and begin a conversation about how to TODD responsibly.