Protect the contract timeline

Realtor guide to selling property after a TODD

A Texas agent can reduce surprises by sending the recorded TODD for title review before promising a closing date. The title team should evaluate the deed, title chain, beneficiary evidence, liens, estate exposure, and underwriting requirements as early as possible.

Every closing is subject to title review, underwriting approval and satisfaction of the file’s requirements.

Texas probate attorney ownershipFile-specific title and underwriting reviewServing properties across Texas

01 · Closing question

Before or when the listing begins

Ask how the seller received title

If the answer is a TODD, request the recorded copy and identify every named beneficiary.

Open title early

An early review creates time to resolve recording, survivorship, lien, estate, or underwriter questions before a buyer’s deadline controls the file.

Avoid a guaranteed date

Use a timeline that allows for title requirements. A deed’s existence alone does not prove the file is ready to insure.

Keep counsel involved

The beneficiary may continue with existing probate or real-estate counsel. WG Title can coordinate the closing file with that attorney.

02 · Closing question

A clean handoff to title

The recorded TODD

Include all pages and recording information.

The people and property

Send beneficiary contact details, property address and county, and the date of death.

The deal

Send the contract or proposed terms, lender information, option and financing dates, and target closing date.

Known complications

Flag a prior title rejection, probate, creditor issue, divorce, later deed, deceased beneficiary, or dispute without attempting to resolve it yourself.

Your practical next step

Send the file before the deadline becomes the problem

Agents can submit the deed review with the beneficiary’s contact information and explain their role in the notes. WG Title serves properties across Texas and coordinates with the parties already involved.

Start the review

Secure deed review

Let’s look at your file.

Send the deed to a title team that regularly works with inherited-property closings.

The form accepts one optional deed file. Additional sensitive records should wait for instructions from our team.

214-620-2055

Monday–Friday, 9 a.m.–5 p.m. Central

Submitting a deed requests a title and closing review. It does not create an attorney-client relationship, provide a legal opinion or guarantee a closing date. You may continue working with your own attorney.

Request a deed review

Tell us how to reach you. Add your deed if it’s handy.

Request a transfer on death deed review
Drop your deed hereOne PDF, JPG or PNG · up to 3 MB · optional

Send only the deed you are authorized to share. Please remove Social Security numbers, bank details and ID numbers. Files are emailed to WG Title and are not stored on this website.

Quick answers

Questions about this TODD closing issue.

When should an agent open title on a TODD property?

As early as practical—ideally before making a firm closing-date promise. Early review gives the title team time to identify and work through file requirements.

Should the agent decide whether the TODD is valid?

No. The agent should collect the recorded document, disclose the issue to the title team, and let the title and legal professionals handle their respective roles.

Can WG Title coordinate with the seller’s attorney?

Yes. WG Title welcomes coordination with the beneficiary’s existing attorney, agent, lender, and other transaction professionals.

When title and probate overlap

What if I need to probate the estate?

A Transfer on Death Deed addresses only the Texas real property it validly covers. Other assets, creditor issues, a disputed or ineffective deed, or the need for a court-appointed representative may still require probate. WG Title reviews the title and closing requirements; a Texas probate attorney determines the right court process.

Texas estates can follow different paths. The will, heirs, debts, disputes, property, and required authority all affect which option may fit.

Independent administration

An executor or administrator can handle most estate work without asking the court to approve each step.

Dependent administration

The court supervises the administration and generally approves major actions as the estate moves forward.

Muniment of title

A qualifying will may be admitted as evidence of title without opening a full estate administration.

Small estate affidavit

Some limited intestate estates may use a statutory affidavit when all requirements are satisfied.

Affidavit of heirship

This records family-history evidence that may help with certain real-property title issues; it is not a court administration.

Determination of heirship

A probate court can formally identify the heirs when there is no valid will or a judicial heirship finding is needed.

General information only. The correct probate path depends on the estate's facts and court requirements.