TODD vs. Lady Bird Deed in Texas: How to Avoid Probate the Easy Way

If you’re a Texas homeowner looking for a simple way to avoid probate, two tools can make it happen: the Transfer on Death Deed (TODD) and the Lady Bird Deed (also called an Enhanced Life Estate Deed). Both options let you pass real estate directly to your loved ones — no court, no hassle — while keeping full control during your lifetime.

What Is a Transfer on Death Deed (TODD)?

A Transfer on Death Deed is a legal document created under Texas Estates Code Chapter 114. It allows you to name beneficiaries who will automatically inherit your property when you pass away.

✅ You stay in control — sell, refinance, or revoke anytime.

✅ Must be recorded before death to be valid.

✅ Works best for simple transfers to individuals (not trusts or companies).

A TODD is quick and cost-effective, but it comes with stricter legal requirements and doesn’t provide title warranties to your beneficiaries.

What Is a Lady Bird Deed in Texas?

A Lady Bird Deed (Enhanced Life Estate Deed) offers the same probate-free transfer but with more flexibility. It’s based on Texas common law, not statute, which gives you more options in how it’s drafted.

✅ Lets you name individuals or entities (like trusts).

✅ Can be signed using a Power of Attorney — helpful if you become incapacitated.

✅ Usually includes title warranties and faces fewer delays from creditors.

The Lady Bird Deed is often preferred for Medicaid eligibility planning, Medicaid qualification and for those wanting maximum flexibility in their estate plan.

Which Deed Should You Choose?

• Choose a TODD if you want something simple, fast, and statutory.

• Choose a Lady Bird Deed if you want more control, flexibility, and smoother handling for your heirs later on.

Both deeds can help you avoid probate in Texas and make property transfers seamless — but only if drafted and recorded correctly.

Get Help from a Texas Medicaid Eligibility Attorney

Even though these deeds sound simple, small mistakes can make them invalid. Contact Eric Golle Medicaid eligibility lawyer at 214-764-7432 or email at eric@gollelaw.com who can help you choose the right option, prepare your deed correctly, and ensure your wishes are carried out exactly as intended.