Texas transfer-on-death deed
A transfer-on-death 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 transfer-on-death deed does in Texas
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) 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. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
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 (Tex. Est. Code § 114.055). It passes only the owner's own interest (§ 114.051), so a married owner's deed covers only their half of community property unless the spouse signs as an owner too. To revoke it, record a revocation that you sign and acknowledge after the deed, before your death, in the county where the deed is recorded (§ 114.057).
The Texas law behind this deed
Start with Tex. Est. Code § 114.001 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | Tex. Est. Code § 114.001 et seq. |
| 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 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 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 | Must be recorded before the owner's death. Recording it afterwards has no effect. |
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 your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Clerk so the land records show them as the owners.
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 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 34 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 a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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. 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. Title passes at your death, outside probate, to each beneficiary who survives you by 120 hours (Tex. Est. Code § 114.103). They then record proof of your death with the County Clerk so the title 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.
Not to release homestead rights: a Texas transfer on death deed conveys nothing during your life and leaves homestead rights alone (Tex. Est. Code § 114.101). But it passes only your own interest (§ 114.051). If you are married and the home is community property, it covers only your half unless your spouse signs it as an owner too.
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
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.