Transfer on Death Deed: How It Works, What It Skips and How It Shows in the Record
A transfer on death deed passes real estate to a named beneficiary at the owner's death without probate. What the Texas and Arizona statutes require, and the traps.
Quick answer
A transfer on death deed lets an owner name a beneficiary who receives the property when the owner dies, while the owner keeps full control during life. The deed must be signed, say the transfer happens at death, and be recorded before the owner dies. The beneficiary takes the property with any liens still on it.
What is a transfer on death deed?
States use different names for the same tool. Texas calls it a transfer on death deed. Arizona calls it a beneficiary deed. Other states use their own names and rules, so the first question is always which state the property is in.
Texas puts the basic permission in one sentence: "An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed" (Tex. Est. Code 114.051). Arizona's statute describes the same thing as a deed that "expressly states that the deed is effective on the death of the owner" (A.R.S. 33-405).
The attraction is simple. Property passes at death by deed, so the beneficiary does not need a probate court order to show who owns it. The deed is still a recorded document, and everything a title search or a buyer later needs to know sits in the county records.
Definition
Transfer on death deed (TOD deed) — A recorded deed in which a property owner names one or more beneficiaries who will receive the property when the owner dies. Until then the owner keeps title and can sell, borrow against or revoke.
How do Texas and Arizona treat a transfer on death deed?
Texas and Arizona are two of our served states. The table compares the rules that matter most when you read the record. It uses only the statute text read on 2026-10-03, and other states differ.
| Question | Texas (Estates Code ch. 114) | Arizona (A.R.S. 33-405) |
|---|---|---|
| What is it called? | Transfer on death deed | Beneficiary deed |
| Must it be recorded before the owner dies? | Yes, in the county clerk's deed records (114.055) | Yes, with the county recorder (33-405(E)) |
| Can the owner revoke it? | Yes, whatever the deed says (114.052) | Yes, by a recorded revocation (33-405(F)) |
| Does the beneficiary have to accept or be told? | No notice, delivery, acceptance or payment is needed (114.056) | Not addressed in the sections read |
| What if there are several deeds? | Not covered in the sections read | The last one recorded before death is effective (33-405(G)) |
| What about existing loans and liens? | The beneficiary takes subject to them (114.104) | The transfer is subject to liens and encumbrances (33-405(A)) |
Does a transfer on death deed have to be recorded?
Yes, in both states, and before the owner dies. Texas says the deed must "be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located" (Tex. Est. Code 114.055). Arizona says a beneficiary deed "is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the last surviving owner" (A.R.S. 33-405).
That makes the recorder the place where the transfer can be seen. A deed signed and kept in a drawer does not work as a transfer on death deed in these states. For a Harris County property, the record sits with the County Clerk (see how to search deeds in Harris County). For Maricopa County, the recorder holds it (see Maricopa County lien search).
Can the owner change their mind?
The owner is not locked in. Texas says a transfer on death deed "is revocable regardless of whether the deed or another instrument contains a contrary provision" (Tex. Est. Code 114.052). Arizona lets the owner revoke by a recorded revocation, and if more than one beneficiary deed is recorded, "the last beneficiary deed that is recorded before the owner's death is the effective beneficiary deed."
The beneficiary does not need to know about the deed. In Texas the deed works without notice, delivery or acceptance by the beneficiary during the owner's life, and without payment (Tex. Est. Code 114.056). A later recorded deed, revocation or newer beneficiary deed is a separate link in the chain, so a reader has to check the order of recording. See chain of title.
What happens to a mortgage or lien when the owner dies?
The deed does not wipe out debt on the property. Texas says a beneficiary "takes the real property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the real property is subject at the transferor's death" (Tex. Est. Code 114.104). Arizona uses the same idea: the transfer is "subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges and other encumbrances" made by the owner or binding on the owner during life (A.R.S. 33-405(A)).
So a deed of trust recorded before death stays on the property after it. A reader should still look for the release or satisfaction that closes each loan, as described in is that mortgage actually open? and deed of trust vs mortgage.
The Texas statute also addresses what happens in an estate. If a personal representative has been appointed and the property is subject to a lien, the representative gives the secured creditor notice under the estates rules (Tex. Est. Code 114.104(b)). This article stops there. Creditor claims against an estate are a legal question for an attorney.
How does a transfer on death deed show up in a title search?
Look for the deed in the owner's name
Check the owner's name as grantor and a person or trust as grantee, and read the document type. The statutes read here make the deed effective at death, so until then the owner stays the owner of record.
Check the recording date against the date of death
A deed recorded before death is effective. A deed recorded after death does not meet the statutes read above. Both Texas and Arizona require recording before the owner dies.
Look for a later deed or a revocation
A later sale, a revocation or a newer beneficiary deed can override the first one. In Arizona the last beneficiary deed recorded before death controls.
Read every lien and loan against the owner
The beneficiary takes the property subject to them. List mortgages, deeds of trust, judgments and tax liens and match each to a release where one exists.
Ask for what the record cannot show
A title search reports what is recorded. It does not prove the owner had capacity or confirm the date of death, so ask the person relying on the deed for the supporting paperwork.
What a transfer on death deed is not
How does it compare with other ways to pass property at death?
The deeds below solve overlapping problems. Our other guides cover each in more detail.
| Tool | What passes at death | Where to read more |
|---|---|---|
| Transfer on death or beneficiary deed | The whole recorded interest, to a named beneficiary | This article |
| Life estate deed | The remainder interest to the person named when the life estate was created | Life estate deed |
| Will and probate | Whatever the will names, after a court process | Estate and probate transfers in the chain of title |
| Quitclaim deed to a family member now | Whatever interest the grantor has, immediately | Quitclaim deed |
Where a title search fits
When an owner dies, a title search is how a buyer, lender or beneficiary confirms what is recorded: the transfer on death deed, any later conveyance, and the liens still attached. HeritageDeed runs title searches in the counties listed on the title search coverage page, including Harris County, Texas and Maricopa County, Arizona: $49 for a Current Owner Search, $79 for a Two Owner Search and $129 for a 30-Year Search.
Key takeaways
Key takeaways
- A transfer on death deed passes real estate at death to a named beneficiary and is recorded like any other deed.
- In Texas and Arizona it must be recorded before the owner dies, and the owner can revoke it.
- The beneficiary takes the property subject to the liens and loans that were on it at death.
- The last deed recorded before death controls in Arizona, and a later sale during life still works.
- States differ, and this article reads only Texas and Arizona. Ask an attorney where the property sits.
Frequently asked questions
- What is a transfer on death deed?
- A transfer on death deed is a recorded deed that names a beneficiary who receives the property when the owner dies. The owner keeps title and control during life. In Arizona the same tool is called a beneficiary deed.
- Does a transfer on death deed avoid probate?
- It is designed to pass the named property by deed at death rather than through the owner's estate. The statutes read here make the deed effective at death if it was recorded in time. Whether probate is still needed for other assets or debts is a separate question for an attorney.
- Does a transfer on death deed have to be recorded?
- Yes. Texas requires recording in the county clerk's deed records before the transferor's death. Arizona says a beneficiary deed is valid only if it is recorded with the county recorder before the owner or last surviving owner dies.
- Can I change or cancel a transfer on death deed?
- Both statutes read here let the owner revoke the deed, and a later recorded deed or revocation becomes a separate link in the chain of title. Whether and how to sell after signing is a question for an attorney in the state where the property sits.
- What happens to the mortgage on a house passed by a transfer on death deed?
- The loan stays on the property. Both Texas and Arizona say the beneficiary takes subject to the liens and mortgages that existed at death. A title search should show each deed of trust or mortgage and any recorded release.
- How do I find out whether a property has a transfer on death deed?
- Search the county clerk or recorder's index under the owner's name for a deed with the owner as grantor and a person or trust as grantee, and read the document type. A title search report can list it with the other recorded documents.
Sources
Primary records and official documentation cited in this article.
- 1Texas Estates Code 114.051, Transfer on Death Deed Authorized (Texas.Public.Law)
- 2Texas Estates Code 114.052, Transfer on Death Deed Revocable (Texas.Public.Law)
- 3Texas Estates Code 114.055, Requirements (Texas.Public.Law)
- 4Texas Estates Code 114.056, Notice, Delivery, Acceptance, or Consideration Not Required (Texas.Public.Law)
- 5Texas Estates Code 114.104, Liens and Encumbrances at Transferor's Death (Texas.Public.Law)
- 6Arizona Legislature, A.R.S. 33-405, Beneficiary deeds; recording; definitions
HeritageDeed provides public-record search reports only. Reports do not constitute title insurance, an attorney opinion of title, or a title insurance commitment.