Short answer

Short answer: A will that leaves all property to your daughter does not automatically make transfer-on-death (TOD) deeds or payable-on-death (POD) designations unnecessary. A will controls only assets that pass through probate. Many common assets bypass probate and instead transfer by title, beneficiary designation, or separate statutory devices. If you want your daughter to receive certain assets outside of probate, you may still need TOD deeds, POD forms, joint-titled ownership, or other nonprobate tools.

Detailed answer — how Texas law treats wills versus nonprobate transfers

Under Texas law, a valid will directs distribution of the decedent’s probate estate after the estate goes through probate. But several asset types pass outside probate automatically and therefore are not controlled by a will. Examples include:

• Assets with beneficiary designations (life insurance, retirement accounts)
• Bank accounts or investment accounts with POD or TOD beneficiary designations
• Accounts or property held as joint tenants with right of survivorship
• Real property with a recorded transfer-on-death deed executed under Texas law

If you have any of those nonprobate assets, your will’s directions about them generally will not take effect because those assets pass directly to the named beneficiary or surviving owner. To make sure an asset actually flows to your daughter at death, you must check how title and beneficiary designations are set up for that asset.

Transfer-on-Death (TOD) deed for real estate in Texas

Texas recognizes a transfer-on-death deed for real property. The Texas Estates Code sets out the rules and formalities for TOD deeds; see Texas Estates Code, Chapter 114. A properly executed TOD deed names a beneficiary who becomes the owner when the grantor dies, and the transfer can avoid probate for that parcel.

Key practical points:

• TOD deeds generally transfer ownership at death and typically must satisfy the recording and execution requirements the statute specifies.
• A recorded TOD deed creates a nonprobate transfer, so the will does not control that parcel.
• TOD deeds can be revoked or changed during the grantor’s lifetime (but follow the statute’s required method for revocation).

Payable-on-Death (POD) designations and beneficiary forms for accounts

For bank and brokerage accounts, a POD (or TOD) beneficiary designation on the institution’s form generally governs distribution at death and bypasses probate. Retirement accounts and life insurance pay according to their beneficiary forms. If you leave these assets to your daughter in your will but the account lists a different beneficiary (or no update was made), the institution will follow the account beneficiary form, not the will.

Why you might still want TOD/POD even if your will names your daughter

• Avoid probate delays and court costs for assets you want to transfer quickly.
• Simplify the transfer process for small accounts and single parcels of real estate.
• Ensure title on specific property matches your overall plan (the will can’t override beneficiary forms or joint-tenancy title).

When a will alone may suffice

A will can be sufficient if most of your assets are probate assets and you are comfortable that those assets will pass through probate. Probate is often inexpensive and fast for small estates, especially if the estate is straightforward. But many people prefer to reduce or avoid probate for privacy, speed, and cost reasons.

Other important considerations specific to Texas

• Community property: Texas is a community property state. If you are married, a spouse may have rights in property acquired during marriage. That can affect whether you can unilaterally transfer property by will, TOD deed, or beneficiary designation. Consult counsel if you are married and plan to keep or change titles that affect community property.
• Creditor claims: Avoiding probate does not necessarily shield assets from valid creditor claims. Under some circumstances creditors can still reach assets transferred outside probate. If creditor protection is a concern, get legal advice tailored to your situation.
• Tax and basis issues: How assets transfer can affect capital gains basis and estate tax exposure. Consult a tax advisor for tax consequences.

Common coordination problems to watch for

• Out-of-date beneficiary forms that contradict your will.
• Real property titled in a spouse’s name or in joint tenancy that won’t be controlled by your will.
• TOD deeds not recorded or not executed correctly under Texas law.
• Expectations by family members that a will controls everything.

Bottom line

If you truly want your daughter to receive specific assets without probate, you should confirm each asset’s current title and beneficiary status and use the appropriate nonprobate instrument where needed. A will does not automatically override beneficiary forms or title, and TOD deeds and POD designations remain useful tools in Texas to make sure particular assets pass as you intend.

Action steps — practical checklist

1. Inventory your assets and note title/beneficiary status for each (real estate, bank accounts, retirement accounts, life insurance, brokerage accounts).
2. For any real property you want to pass outside probate, review whether a TOD deed (per Texas Estates Code, Chapter 114) is appropriate and execute/record it correctly.
3. Update POD/TOD beneficiary designations on bank and investment accounts with the institutions’ forms where needed.
4. Confirm whether any property is community property or jointly held; if so, get legal advice before making changes.
5. Coordinate your will with nonprobate designations and keep written records of your intentions.
6. Talk to an estate planning attorney and a tax advisor for personalized advice and to avoid inadvertent problems.

Helpful hints

• Use a single up-to-date checklist and store copies of deeds and beneficiary forms together.
• Record a TOD deed for real property if you want the property to pass outside probate; do not rely on an unrecorded document.
• Don’t assume a will overrides account beneficiary forms — banks and retirement plan administrators follow their forms.
• If you are married, get an attorney’s input about community property and spousal consent issues.
• Keep beneficiary forms current after major life events (marriage, divorce, births, deaths).
• Consider a revocable living trust if you have multiple assets and want consolidated nonprobate administration.