Transfer on Death Deeds: A Texas Primer

8 Pages Posted: 18 Oct 2016 Last revised: 29 Oct 2016

See all articles by Gerry W. Beyer

Gerry W. Beyer

Texas Tech University School of Law

Date Written: October 17, 2016

Abstract

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

Suggested Citation

Beyer, Gerry W., Transfer on Death Deeds: A Texas Primer (October 17, 2016). Available at SSRN: https://ssrn.com/abstract=2853757 or http://dx.doi.org/10.2139/ssrn.2853757

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

3311 18th Street
Lubbock, TX 79409-0004
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

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