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Documents to Bring to the Clerk When Recording a TODD in Texas

Which Documents to Bring to the Clerk When Recording a TODD in Texas

  • TODD

Recording a Transfer on Death Deed (TODD) correctly is the single most important step that makes the deed effective in Texas. If you sign a TODD but fail to record it in the county where the property is located before you die, the deed is ineffective. That’s why knowing exactly what to bring to the county clerk and how the recording process works is essential.

Below is a clear, step-by-step checklist and explanation to help property owners and agents prepare for a successful TODD recording.

Legal Essentials

A valid TODD must be: (1) in writing, (2) signed by the property owner (transferor), (3) acknowledged before a notary, and (4) recorded in the deed records of the county where the property is located before the owner’s death. Texas law requires a recording to make the transfer effective at death.

What to Bring to the County Clerk (Checklist)

What to Bring to the County Clerk (Checklist)

Bring originals plus copies where noted. Counties vary on format and fees, so check your local clerk’s website before you go.

  1. Original, signed, and notarized TODD (original document)
    The deed must be the original signed document with the property owner’s signature notarized. Draft the TODD with the required statutory language and an accurate legal description (use the legal description from the current deed).
  2. One or more copies of the signed TODD (for the clerk and your records)
    Many clerks request at least one copy in addition to the original; bring extra copies for the grantee/beneficiary and your files.
  3. Personal identification for the person recording
    A government ID (driver’s license or passport) for the person submitting the deed; some counties may also ask to see the owner’s ID.
  4. Filing/recording fees and acceptable payment methods
    Fees differ by county (example: Bexar County lists page fees). Bring payment (cash, check, money order, or card if accepted). Check the county clerk page for exact amounts.
  5. Proof of authority if someone other than the owner is filing
    If a third party brings the document to be recorded (attorney, agent, or family member), bring a letter of authorization or power of attorney if applicable—though note a POA cannot sign a TODD for the owner. (A POA signer cannot execute a TODD on behalf of the owner; the owner must sign.)
  6. Existing deed or legal property description
    Bring a copy of the current deed or tax parcel description to ensure the legal description on the TODD matches the county’s records. Mismatched descriptions cause rejections.
  7. Affidavit of death (for beneficiaries later) — not at recording stage
    Note: Beneficiaries record an affidavit of death after the owner’s death to transfer title; you do not need this at the initial TODD recording, but it’s good to know the later step.


Also, read our recent blog post: “Can a POA Sign a TODD?”

County Differences and Practical Tips

County clerks set the local process, required copies, and fees. A research of county clerk instructions shows common variations: some require a specific recording cover sheet, others a stamped return address, and a few now accept e-recording through approved vendors. Always check the county clerk’s “Real Property / Recording” page before you go to avoid delays.

Practical tip: Many counties will refuse to file documents that have incomplete or handwritten legal descriptions. Use typed or professionally prepared deeds and consider having your title company or attorney check the form before notarization.

Common Reasons a TODD Is Rejected at the Clerk’s Office

  • Missing notarization or incorrect notary certificate.
  • Legal description does not match county records.
  • Required signatures missing (all owners must sign).
  • Insufficient copies or incorrect formatting for the county clerk’s indexing system.

Fees, Turnaround, and Fraud Precautions

Fees, Turnaround, and Fraud Precautions

Recording fees vary by county. Expect same-day recording in many counties if you file in person; e-recording may be next-day depending on vendor processing. Bring a stamped, self-addressed return envelope if you want your recorded copy mailed back.

Fraud note: Texas has seen increased deed fraud; some counties have added fraud-alert processes. If a deed looks suspicious, clerks may flag it or require extra proof—this is to protect owners. Consider requesting identity-theft protections or title monitoring after major filings.

Step-by-step at the clerk’s office (what to expect)

  1. Approach the real property / recording counter. Ask for an indexer or clerk who handles TODDs.

  2. Present the original, the copies, ID, and payment.

  3. Clerk checks notarization, signatures, and legal description. If accepted, the clerk stamps and records the deed and returns the recorded copy (or mails it).

  4. Confirm the official recording information (instrument number, clerk’s stamp, and recording date) — keep the recorded original safe.

Final checklist

  • Original TODD (signed and notarized) — required.

  • At least 1 copy of the TODD (for clerk / your records).

  • Current deed or legal description.

  • Photo ID for the person filing.

  • Payment for recording fees (check clerk’s site for amounts).

  • Letter of authorization if a third party is filing (owner must still be the signer).

  • Return envelope if you want the recorded copy mailed.

To download the checklist,

click here

Closing advice

Recording is the step that turns a drafted and notarized TODD into a legally effective estate planning tool in Texas. Don’t skip the county clerk visit, and never rely on a signed but unrecorded TODD. If you’re unsure about drafting or county-specific requirements, consult a Texas estate planning attorney—many mistakes are avoidable with a proper review. For a faster, easier start, get your attorney-drafted Texas estate planning documents online through Texas Estate Forms and complete your TODD with confidence.

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