The TODD was effective
The deed must satisfy the applicable statutory requirements, including lifetime recording in the proper county.
The direct answer
Can I sell a Texas house transferred through a TODD?
Potentially, yes. An effective Texas Transfer on Death Deed can transfer the owner’s real-property interest at death, but a sale still depends on the deed, title history, liens, estate claims, evidence, and the title underwriter’s requirements.
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
What must line up before a sale
The owner still held the interest
A recorded lifetime conveyance or other title event may change what passed at death.
The beneficiary can be established
The file may need death and survivorship evidence and a review of how the deed names each beneficiary.
Liens and claims are addressed
Mortgages, liens, encumbrances, contracts, and certain estate liabilities do not disappear because property passed through a TODD.
02 · Closing question
About the two-year question
Section 114.106 generally sets a two-year deadline to begin certain proceedings to enforce estate liabilities against TODD property, with an exception for rights under Section 114.104(d). That exposure can shape underwriting, but the statute does not say every beneficiary must wait two years to sell.
No universal waiting rule
Timing depends on the facts, available evidence, claims, and underwriter requirements for the file.
No instant-clearance promise
A title company still must evaluate covered risk before issuing a policy.
Your practical next step
Review title before promising a closing date
Send the recorded TODD, property address, date of death, contract or proposed timeline, and any earlier title objection. We will tell you what the file needs next.
Start the reviewSecure 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.
Quick answers
Questions about this TODD closing issue.
Must a TODD beneficiary wait two years to sell?
Chapter 114 does not impose a blanket two-year waiting period. Section 114.106’s liability period can affect underwriting, so the facts and requirements still need review.
Does a TODD remove the mortgage?
No. Section 114.104 provides that the beneficiary takes subject to conveyances, encumbrances, contracts, mortgages, liens, and other interests affecting the property at death.
Can I sign a contract before title review?
A beneficiary may need transaction-specific advice. From a closing standpoint, early title review helps identify requirements before a closing date is promised.
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.
Keep working the file