Smith County, Texas · TODD
Transfer on Death Deed
for Smith County homeowners.
Keep your home out of probate by deeding it directly to your beneficiary on death — Texas-statutory, revocable while you're alive, recorded with the Smith County Clerk. Drafted under attorney supervision to Tex. Est. Code Ch. 114. Flat $247.
A Texas TODD must be recorded in Smith County before the owner dies.
Tex. Est. Code § 114.055 — if the deed isn't filed with the County Clerk's Real Property Records during the owner's lifetime, it has no effect. We deliver your finalized TODD with signing & recording instructions specific to Smith County.
Population figures are July-2023 Texas Demographic Center estimates. Recording fees reflect the statewide statutory floor set by Tex. Loc. Gov't Code § 118.011 — some counties assess additional line-item charges (indexing, records-preservation) on top of the base fee. Confirm current fees with the Smith County Clerk before recording.
Smith County Clerk
Where Smith County records your deed.
TODD in Smith County — quick answers.
Can I file a Transfer on Death Deed in Smith County?
Yes. Tex. Est. Code Ch. 114 authorizes TODDs statewide. Once notarized, you record the original with the Smith County Clerk's Real Property records before the owner's death — see § 114.055.
How much does a Transfer on Death Deed cost in Smith County?
Our flat-fee draft is $249 (attorney-supervised). The Smith County Clerk charges a recording fee under Tex. Loc. Gov't Code § 118.011 — typically $26–$50 per page, paid directly to the clerk.
Do I need a lawyer to record a TODD in Smith County?
Texas does not require a lawyer to record a TODD — but the deed must meet the statutory form requirements of Tex. Est. Code § 114.052. We draft it correctly, deliver it with notarization and recording instructions, and back it with limited-scope attorney supervision.
What if my property crosses county lines?
You file a copy of the TODD in every Texas county where the property sits. Our intake captures that and we generate per-county recording packets.
Continuum Counsel
When the form stops fitting,
we have a conversation.
TexasEstates is for clean, common situations. For Trusts, blended families, business succession, professionals, tax-driven structures and contested matters, our advisory practice — Continuum Counsel — takes the matter directly.