Texas Real Property Transfer on Death Act

Summary: Article provides brief introduction to TRPTODA and links to other pages that contain text of and detailed analysis on each section.

The TRPTODA authorizes a new method of transferring real property. It allows an owner to designate one or more beneficiaries to automatically receive the property at death.

The property passes outside of probate by means of a transfer on death deed. Until death, the owner retains the right to transfer or encumber the property or revoke the deed.

A transfer on death deed is useful, for example, to an owner who wants to modify the devolution provided by the Texas intestate statute and avoid the regular probate process.

On TLG, each section of the TRPTODA has its own page:

• Sec. 114.001. Short Title
• Sec. 114.002. Definitions
• Sec. 114.003. Applicability
• Sec. 114.004. Nonexclusivity
• Sec. 114.005. Uniformity of Application and Construction
• Sec. 114.006. Relation to Electronic Signatures in Global and National Commerce Act
• Sec. 114.051. Transfer on Death Deed Authorized
• Sec. 114.052. Transfer on Death Deed Revocable
• Sec. 114.053. Transfer on Death Deed Nontestamentary
• Sec. 114.054. Capacity of Transferor; Use of Power of Attorney
• Sec. 114.055. Requirements
• Sec. 114.056. Notice, Delivery, Acceptance, or Consideration Not Required
• Sec. 114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution
• Sec. 114.101. Effect of Transfer on Death Deed During Transferor's Life
• Sec. 114.102. Effect of Subsequent Conveyance on Transfer on Death Deed
• Sec. 114.103. Effect of Transfer on Death Deed at Transferor's Death
• Sec. 114.104. Transfer on Death Deed Property Subject to Liens and Encumbrances at Transferor's Death; Creditors' Claims
• Sec. 114.105. Disclaimer
• Sec. 114.106. Liability for Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances
• Sec. 114.151. Optional Form for Transfer on Death Deed
• Sec. 114.152. Optional Form of Revocation