Texas lady bird deed
A lady bird deed lets you name who inherits your Texas property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what Texas requires, what it costs, and where to file it. Deedly is not preparing Texas deeds at this time.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 2″ top
- Recording fee
- ~$25 first page
- E-recording
- Professional filers
What a lady bird deed does in Texas
A lady bird deed, formally an enhanced life estate deed, reserves a life estate for you while keeping the power to sell, mortgage, lease, or take the property back without your remainder beneficiary's signature. That retained power is what makes it 'enhanced'. At your death the property passes directly to the remainder beneficiaries outside probate. Florida, Texas, Michigan, Rhode Island, Vermont, and West Virginia recognize it, and Maryland, Missouri and Virginia recognize the same idea as a life estate deed with powers.
Formally an enhanced life estate deed. Texas has no lady bird deed statute. The deed rests on common-law life estates, and Texas Medicaid policy recognizes enhanced life estate deeds (HHSC MEPD Handbook I-3100).
The Texas law behind this deed
Texas has no section written specifically for lady bird deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Lady Bird Deeds specifically | No separate statute; common-law life estate |
| Conveyances generally | Tex. Prop. Code § 5.021 |
| Recording with the County Clerk | Tex. Prop. Code chs. 11–12; Tex. Loc. Gov't Code § 191.007 |
| Homestead and spousal consent | Tex. Const. art. XVI, § 50 |
When Texas homeowners use a lady bird deed
- Avoid probate while keeping complete control of the house
- Preserve the Florida or Texas homestead exemption and the step-up in basis
- Estate planning where a traditional life estate would give away too much control
- Medicaid planning in a state that does not treat the transfer as a divestment
What Texas requires on the deed
These are the execution and formatting rules for Texas deeds. A deed that is not acknowledged cannot be recorded (Tex. Prop. Code § 12.001(b)). A formatting defect does not stop recording: a Texas clerk may not refuse a deed for one, though some double the page fee (Tex. Loc. Gov't Code § 191.007(h), (k)).
| Requirement | What Texas says |
|---|---|
| Recording office | County Clerk |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | Include a 'when recorded, return to' block so the original comes back to you. |
| 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 clear space at the top of page one, 1-inch margins elsewhere, nothing under 8pt. |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. |
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 deedIt needs the wording, notary certificate, and 2-inch first-page margin used for Texas deeds. You can prepare your own deed, or a Texas attorney can prepare it for you.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the County ClerkFile in the county where the property is located and pay the recording fee. Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)); counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says it accepts filings from the public. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.
What it costs in Texas
| Cost | Typical amount |
|---|---|
| Recording fee | About $25 for the first page and roughly $4 per additional page |
| Transfer tax | None in this state |
| Notary | Texas caps the notary fee for an acknowledgment at $10 for the first signature and $1 for each additional signature (Tex. Gov't Code § 406.024). An online notary may add up to $25 for an online notarization (§ 406.111). |
| Attorney | $150–$700 to prepare the deed |
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.
Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)); counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says it accepts filings from the public.
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 lady bird deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Florida, Texas, Michigan, Rhode Island, Vermont, and West Virginia accept it, and Maryland, Missouri and Virginia recognize the same idea as a life estate deed with powers. Some counties elsewhere will record one, but recording is not the same as validity.
- It does not defeat Medicaid estate recovery in every state, and the rules change. Confirm your state's current position before relying on it.
- It does not remove or restructure a mortgage. The loan stays in your name and on the property.
- It is a specialized instrument. If your estate is large, taxable, or contested, this is a conversation for an attorney rather than a form.
Quirks of Texas law that catch people out
- Texas has no real estate transfer tax, and its Constitution bars new ones (art. VIII, § 29). Recording a deed costs the county's recording fees, with no transfer tax added.
- Texas homestead rules are strict. Both spouses must sign to sell or mortgage a homestead even when only one spouse is on the title, and separation alone does not change that. The exceptions need a court: a spouse judicially declared incapacitated (Tex. Fam. Code §§ 5.002–5.003) or a court order on a sworn petition (§§ 5.101–5.102).
- Texas offers BOTH transfer-on-death deeds (Est. Code ch. 114) and lady bird deeds. The TOD deed is statutory and predictable. Texas has no lady bird deed statute: that deed rests on common-law life estates, and Texas Medicaid policy recognizes it (HHSC MEPD Handbook I-3100).
- Texas does not imply survivorship. Community property with right of survivorship needs a written agreement signed by both spouses (Tex. Est. Code § 112.052). It can be signed on the deed itself or as a separate recorded agreement.
- Counties such as Harris ask for a 2-inch space at the top of page one for the clerk's recording label. Texas law sets no margin and does not let a clerk charge extra for one (Tex. Loc. Gov't Code § 191.007(a)).
- Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)). Counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says otherwise.
Deedly is not preparing Texas deeds at this time
Texas law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a Texas attorney can prepare it for you.
Common questions
Not if you prepare the deed yourself. Texas law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a Texas attorney can prepare it for you. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $25 for the first page and roughly $4 per additional page. Texas has no state real estate transfer tax, so the recording fee is normally the whole cost. The state sets $5 for the first page and $4 for each additional page (Tex. Loc. Gov't Code § 118.011). A county may add a records management and preservation fee and a records archive fee of up to $10 each (§§ 118.0216, 118.025), so the total depends on the county: Harris, Dallas, Bexar and Travis charge $25 for the first page and $4 per additional page, and a county that adopts lower fees charges less. Hidalgo and Cameron may add up to $10 more (§ 118.0131).
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. Texas lets only attorneys, lenders, title companies and government filers e-record (Tex. Loc. Gov't Code § 195.003(a)); counties of 500,000 or more people may approve other submitters by agreement (§ 195.003(a-1)). If you prepared the deed yourself, plan to record in person or by mail unless your county's website says it accepts filings from the public.
Yes, in effect. You keep full power to sell, mortgage, or give away the property without the signature of anyone you named. To change who inherits, sign and record a new deed from yourself, for example back to yourself outright or a new lady bird deed naming different people. There is no separate revocation form for this deed.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Clerk so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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.
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
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.