Article on Texas Transfer on Death Deeds

Lucy Wood recently published an Article entitled, Transfer on Death Deeds in Texas: High Time for the TODD, 9 Est. Plan. & Community Prop. L.J. 59 (2016). Provided below is an abstract of the Article:

Last session, the 84th Texas Legislature passed the Texas Real Property Transfer on Death Act. This “Transfer on Death Deed” (TODD) statute, based largely on the Uniform Real Property Transfer On Death Act, allows an owner of real property to designate, via deed, a beneficiary to receive the property upon the owner’s death without going through probate. 

The TODD is the latest swell in the nonprobate tsunami, but the nonprobate “revolution” has been in full swing since the 1980s. Every few years lawmakers come up with yet another way to avoid probate. But is adding another tool to the already-disorganized toolkit just going to create more confusion? Is the TODD really necessary?

This article will explain why those in favor of increased access to justice will support the TODD. First, it will offer a bit of background about the problems in Texas that led to its becoming the latest state to jump on the TODD train, before summarizing the basics of the new law. Next, this article will discuss how Texans—particularly those with little to no money—stand to benefit. Lastly, it will address some challenges associated with the TODD and begin a conversation about how to TODD responsibly.