1. Was it recordable and recorded in time?
Section 114.055 requires recordable-deed formalities and recording in the property’s county before death.
The title review in plain English
What a title company reviews before accepting a TODD
A title company reviews more than the document’s title. It examines whether the TODD was effective, what the owner held at death, later recorded instruments, beneficiary and survivorship facts, liens and claims, and the evidence needed for the underwriter to insure the closing.
Every closing is subject to title review, underwriting approval and satisfaction of the file’s requirements.
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01 · Closing question
Seven questions behind the review
2. Did the owner have capacity?
The statute uses contract capacity and does not allow a TODD to be created through a power of attorney.
3. Was it revoked or displaced?
A later recorded TODD, qualifying revocation, divorce notice, or lifetime conveyance may change the outcome.
4. What interest existed at death?
The review follows the title chain to determine what interest the transferor still owned.
5. Who survived and takes?
Beneficiary survival, joint ownership, and the deed’s terms affect who may receive the interest.
6. What remains attached?
Existing mortgages, liens, encumbrances, contracts, and other interests can remain with the property.
7. What can still reach the property?
Certain estate claims, administration expenses, taxes, and family allowances may create liability under Section 114.106.
02 · Closing question
What ‘accepted’ means
The file can move forward
The title agent and underwriter have identified the evidence and conditions required for the proposed policy and closing.
Requirements still matter
Acceptance for review or an initial title commitment does not mean every requirement has already been satisfied.
Your practical next step
Let us review the actual recorded deed
Upload the TODD and describe the property and transaction. If you already have a title commitment or objection, mention it in the notes and our team will follow up about what to send securely.
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.
Does the title company decide whether the TODD is legal?
A title company evaluates whether it can insure and close the proposed transaction. That assessment applies legal and underwriting requirements to the file, but a title review is not a court judgment or personal legal opinion.
Why does the title company review later deeds?
Chapter 114 allows revocation and recognizes the effect of certain later lifetime conveyances, so the full title history can change what passed at death.
Does a title commitment mean the file is ready to close?
Not necessarily. TDI explains that a commitment states the conditions under which the company is willing to issue a policy. Listed requirements must still be satisfied.
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