Texas gift deed
Here is what Texas actually requires on a gift deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 2″ top
- Recording fee
- ~$26 first page
- E-recording
- Generally available
What a gift deed does in Texas
A gift deed transfers property with no money changing hands, and it says so on its face. Stating the donative intent matters: it supports a transfer-tax exemption in most states and it documents that the recipient paid nothing, which is exactly what a recorder, an assessor, and later the IRS will want to see. Mechanically it operates like a quitclaim. Immediate, and without title warranties.
A gift deed operates like a quitclaim deed but recites donative intent, which supports a transfer-tax exemption.
Less common in Texas
Gift deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Texas homeowners use a gift deed
- Give a house or land to a child or grandchild
- Transfer property to a sibling or parent for no payment
- Document donative intent for a transfer-tax exemption
- Make a charitable gift of real estate
What Texas requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Texas says |
|---|---|
| Recording office | County Clerk |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 2-inch top margin on the first page, 1-inch elsewhere, 8pt minimum type. |
A spouse may have to sign even if they are not an owner
Both spouses must join to convey homestead property, even if only one spouse holds title (Tex. Const. art. XVI, § 50; Tex. Fam. Code § 5.001).
How to complete and record it in Texas
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Texas's statutory language, the correct notary block, and the 2-inch first-page margin county clerks expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Record it with the County ClerkFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Texas
| Cost | Typical amount |
|---|---|
| Recording fee | About $26 for the first page plus about $4 per additional page |
| Transfer tax | None in this state |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $39, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Texas imposes no state real estate transfer tax, so the recording fee is normally your only cost beyond notarization.
Where to record it in Texas
Texas deeds are recorded with the County Clerk in the county where the property sits, not where you live. There are 254 counties in Texas.
Most Texas recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Texas: Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, Fort Bend, Hidalgo, El Paso, Montgomery, Williamson. See all Texas recording offices.
What a gift deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- The recipient takes your original cost basis, not the current market value. A later sale can produce a large capital-gains bill that inheriting the property would have avoided.
- A gift over the annual exclusion requires you to file IRS Form 709, even if no tax is due.
- It is irrevocable once delivered and recorded. You can't take the property back if the relationship changes.
- Gifting a property within Medicaid's look-back period can create a penalty period for long-term-care eligibility.
Quirks of Texas law that catch people out
- Texas has NO real estate transfer tax at all. Recording a deed costs the recording fee and nothing more.
- Texas homestead protection is the strongest in the country: both spouses must sign to convey a homestead even when only one spouse is on the title, and even if the couple is separated.
- Texas offers BOTH transfer-on-death deeds (Est. Code ch. 114) and lady bird deeds. The TOD deed is statutory and predictable; the lady bird deed is common law but widely accepted by title companies.
- Texas does not imply survivorship. Community property with right of survivorship needs a separate written agreement signed by both spouses.
- Leave a 2-inch top margin on page one or the county clerk charges a non-standard document fee.
How to hold title in Texas
When two or more people take title in Texas and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Texas: joint tenancy with right of survivorship, tenancy in common, community property, and community property with right of survivorship.
Married couples
Property acquired during marriage is presumed community property (Tex. Fam. Code § 3.003).
Texas does not imply survivorship. Community property with right of survivorship requires a written agreement signed by both spouses (Tex. Est. Code § 112.051).
$39, one time. Your finished deed appears in full before you pay, with Texas's witness rules, margins, and recording instructions already applied.
Common questions
No. Texas has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk. Deedly produces all of that for $39, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $26 for the first page and about $4 per additional page. Texas has no state real estate transfer tax, so the recording fee is normally the whole cost. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Texas requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk in the county where the property is located, not where you live, and not where the buyer lives. Texas has 254 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. Both spouses must join to convey homestead property, even if only one spouse holds title (Tex. Const. art. XVI, § 50; Tex. Fam. Code § 5.001). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Texas quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Texas general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Texas special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Texas transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for TexasRecording offices, transfer tax, witness rules, and fees.
- Texas recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.