LADY BIRD DEED VS. TRANSFER ON DEATH DEED

Two of the questions I get most from Houston homeowners are almost identical: “How do I keep my house out of
probate?” and “What's the difference between a Lady Bird Deed and a Transfer on Death Deed?” Here's the short
answer.

Both are Texas deeds that let your home pass directly to whoever you choose the moment you pass away — no
probate court, no waiting on a judge. Both let you keep full control while you're alive: you can still sell, refinance,
or change your beneficiary any time you want. And both are revocable, meaning nothing is locked in until you're
gone.

Where They Differ?

Where they differ is mostly in their legal roots. A Lady Bird Deed is an older, court-recognized tool that Texas
attorneys have relied on for decades, especially for Medicaid planning. A Transfer on Death Deed is a newer,
statute-based deed created by the Texas legislature in 2015, and it has to follow a specific legal form to be valid.
In practice, most of my clients end up choosing the Lady Bird Deed simply because of its longer track record —
but the right choice really depends on your situation. That's exactly what our first conversation is for.

Which One Is Right for You?

In my own practice, I lean toward recommending the Lady Bird Deed for most homeowners, mainly because of its long-standing history and its especially strong track record with Medicaid planning here in Texas. But a Transfer on Death Deed can absolutely be the right tool depending on your goals, your property, and your family situation — there isn't a single right answer for everyone.

This is exactly the kind of decision I like to walk through in person rather than over a blog post. If you own a home in Houston and want to make sure it passes to the people you love without a courtroom in the middle of it, let's sit down and figure out which deed actually fits your life.