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The County Clerk only requires an Affidavit of Death to make the transfer effective. You do not need additional proof of death to take ownership. However, you must give the title company a death certificate, obituary, or other acceptable document if you want to sell the property or use it as collateral.

With a properly recorded Transfer on Death Deed, no probate is needed to transfer the real property. If you don't have a will or a Transfer on Death Deed, your real estate must go through the probate court and your property will pass to your heirs ing to Texas law.

For this reason, when a loved one dies and leaves behind the personal property and/or real property, that person's estate must go through the Probate Process in order to pass the title to the property.

By using a TODD, a person can transfer the property directly without going through probate. This procedure can be used for property like land, houses, buildings, and vehicles. A person may choose to leave the property to one or more people (referred to as "beneficiaries").

Pros and cons of a transfer on death deed Avoid probate. Property with a TOD deed typically does not have to pass through probate court to transfer to its beneficiaries. ... Avoid federal gift tax paperwork. ... Maintain Medicaid eligibility. ... It might prevent property from being used to repay Medicaid benefit costs.

To access, first get a free library account online with the Texas State Law Library. This title provides instructions for how to draft a will quickly and easily while remaining within the bounds of the law. All necessary forms are provided in the manual to assist in the will-writing process.