Texas transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Texas property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Texas requires, what it costs, and where to file it.
- 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 transfer-on-death deed does in Texas
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In Texas the governing statute is Tex. Est. Code § 114.001 et seq. Texas requires the TOD deed to be recorded before the owner's death in the county where the property is located. Texas also allows a statutory revocation form.
When Texas homeowners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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. |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
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 | $69, 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 transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
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.
$69, 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 $69, 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.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the County Clerk. 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. 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 lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- 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.