Transfer on Death Deeds: A Texas Primer
8 Pages Posted: 18 Oct 2016 Last revised: 29 Oct 2016
Date Written: October 17, 2016
The 2015 Texas Legislature enacted a “Texasized” version of the Uniform Real Property Transfer on Death Act joining over a dozen other states that have already done so. Transfer on death deeds (hereinafter “TODDs”) were previously authorized under Estates Code § 111.052 (recodifying Probate Code § 450) which validates “any provision in a...conveyance of property...stating that...property that is the subject of the instrument shall pass, to a person designated by the decedent in the instrument.” However, this “bare-bones” provision provided little guidance with regard to the myriad of issues that these type of deeds could raise. Passage of this legislation was designed to bring greater clarity to this technique. This article discusses the operation of the new statute.
Keywords: transfer on death deeds, Texas, property, non-probate, deeds, non-testamentary, probate avoidance, TODD
JEL Classification: K11
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