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Texas Transfer on Death Deed

A Texas transfer on death deed names a beneficiary to receive your real property without probate, and must be recorded in the county deed records before you die. Attorney review available.

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Introduction

A transfer on death deed in Texas is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Tex. Estates Code 114.001 and following, the Texas Real Property Transfer on Death Act). During your life the deed has no effect on your ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die (Tex. Estates Code 114.101). To be valid, the deed must contain the essential elements and formalities of a recordable deed, which means you sign it and have your signature acknowledged before a notary, and it must state that the transfer to the beneficiary occurs at your death (Tex. Estates Code 114.055). The deed is not effective unless it is recorded before your death in the deed records in the county clerk's office of the county where the property is located (Tex. Estates Code 114.055). Texas does not require witnesses and does not require any payment: the deed is effective without notice, delivery, acceptance, or consideration (Tex. Estates Code 114.056). The deed is revocable at any time during your life by recording an instrument of revocation, a later transfer on death deed, or a conveyance, and a will may not revoke or supersede it (Tex. Estates Code 114.057). At your death the beneficiary takes the property subject to any mortgages and liens on it, and the property can still be reached by claims against your estate (Tex. Estates Code 114.104, 114.106). DocDraft builds your Texas transfer on death deed from your facts, with attorney review available before you sign.

Key Things to Know

  1. 1

    In Texas a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Tex. Estates Code 114.001 and following).

  2. 2

    During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (Tex. Estates Code 114.101).

  3. 3

    To be valid the deed must contain the essential elements and formalities of a recordable deed, so you sign it and have your signature acknowledged before a notary, and it must say the transfer occurs at your death (Tex. Estates Code 114.055). Texas does not require witnesses.

  4. 4

    The deed is not effective unless it is recorded before your death in the deed records in the county clerk's office of the county where the property is located (Tex. Estates Code 114.055). A deed recorded after you die does not work.

  5. 5

    The deed is effective without notice to, delivery to, or acceptance by the beneficiary, and without consideration, so the beneficiary does not have to pay or agree to anything (Tex. Estates Code 114.056).

  6. 6

    The deed is revocable during your life by recording an instrument of revocation, a later transfer on death deed, or a conveyance of the property. A will may not revoke or supersede a Texas transfer on death deed (Tex. Estates Code 114.057).

  7. 7

    At your death the beneficiary takes the property subject to any mortgages and liens on it, and the property can still be reached to satisfy claims against your estate (Tex. Estates Code 114.104, 114.106).

Key decisions before you file

Before you file a Transfer on Death Deed in Texas, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.

Open the Transfer on Death Deed guide

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TEXAS TRANSFER ON DEATH DEED (Texas Estates Code Chapter 114)

Recording requested by: [YOUR NAME] When recorded, mail this deed to: [NAME], [ADDRESS]

Important notice: This deed must be recorded in the deed records in the county clerk's office of the county where the property is located BEFORE the death of the owner, or it is not effective (Tex. Estates Code 114.055). It is not effective if recorded after the owner dies.

  1. Owner (transferor). The owner is [OWNER FULL NAME], residing at [OWNER ADDRESS], who owns the real property described below.

  2. Property. The property is located in [COUNTY] County, Texas, and is legally described as: [FULL LEGAL DESCRIPTION FROM THE CURRENT DEED], commonly known as [STREET ADDRESS].

  3. Beneficiary. I designate the following beneficiary to receive my interest in the described property on my death: [BENEFICIARY FULL NAME]. If I name more than one beneficiary, they take the property in equal shares unless I state otherwise here: [SHARES]. If a beneficiary does not survive me, I designate the following alternate beneficiary: [ALTERNATE BENEFICIARY FULL NAME], if named, and otherwise the gift to that beneficiary lapses.

  4. Transfer at death. The transfer to the beneficiary is to occur at my death. This deed is revocable. It does not transfer any interest until my death and has no effect on my ownership while I am alive; I may sell, mortgage, lease, or revoke it without the beneficiary's consent. This deed is effective without notice to, delivery to, or acceptance by the beneficiary, and without consideration (Tex. Estates Code 114.056).

  5. Revocation. I may revoke this deed at any time before my death by recording an instrument of revocation, a later transfer on death deed for this property, or a conveyance of the property, recorded before my death in the county clerk's office where this deed is recorded (Tex. Estates Code 114.057). A will may not revoke or supersede this deed.

  6. Warning. The beneficiary takes the property subject to any mortgages, liens, and other interests on the property at my death (Tex. Estates Code 114.104), and the property remains subject to claims against my estate (Tex. Estates Code 114.106). This deed passes only the property described above and does not change my other assets or my will.

  7. What the beneficiary must do at my death. To claim the property, the beneficiary should record an affidavit of my death together with a certified copy of the death certificate in the county deed records. Until the beneficiary records that proof, the public records will continue to show me as the owner.

Signature. I sign this deed on [DATE].

[OWNER FULL NAME], Transferor

Notary acknowledgment. [Texas all-purpose notary acknowledgment block; the transferor's signature must be acknowledged before a notary. Texas does not require witnesses.]

Note: This Texas deed must contain the formalities of a recordable deed and be recorded in the county deed records before the owner's death (Tex. Estates Code 114.055). For the generic template and other states, see the Transfer on Death Deed hub.

Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in Texas in about a minute, and notarize it online through DocDraft if it does.

Texas Requirements for Transfer on Death Deed

Meet the Recordable Deed Requirements

Texas does not provide a statutory fill-in form. The deed must contain the essential elements and formalities of a recordable deed and state that the transfer to the beneficiary occurs at the owner death (Tex. Estates Code 114.055).

Legal Description of the Property

The full legal description of the property from the current recorded deed, plus the street address and county. A street address alone is not enough to record the deed in the county deed records.

Name the Beneficiary and an Alternate

The full legal name of the beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.

Notarize the Signature

The owner must sign the deed and have the signature acknowledged before a notary, because a Texas transfer on death deed must have the formalities of a recordable deed. Texas does not require witnesses.

Record Before the Owner Dies

The deed is not effective unless it is recorded in the deed records in the county clerk office of the county where the property is located before the death of the owner (Tex. Estates Code 114.055). Record it promptly after signing.

No Payment or Beneficiary Consent Needed

The deed is effective without notice to, delivery to, or acceptance by the beneficiary, and without consideration (Tex. Estates Code 114.056). The beneficiary does not have to pay or agree to anything while the owner is alive.

Revoke Only by Recorded Instrument

The deed is revocable during the owner life by recording an instrument of revocation, a later transfer on death deed, or a conveyance, in each case before death (Tex. Estates Code 114.057). A will may not revoke or supersede a Texas transfer on death deed.

Property Passes Subject to Debts

At the owner death the beneficiary takes the property subject to mortgages and liens on it (Tex. Estates Code 114.104), and the property can still be reached to satisfy claims against the estate (Tex. Estates Code 114.106).

Does your Transfer on Death Deed need to be notarized in Texas?

Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Texas transfer on death deed is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Tex. Estates Code 114.001 and following). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed.

A Texas will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A Texas transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many Texans use both, so the deed handles the land and the will handles everything else.

To be valid in Texas the deed must contain the essential elements and formalities of a recordable deed, so you sign it and have your signature acknowledged before a notary, and it must state that the transfer to the beneficiary occurs at your death (Tex. Estates Code 114.055). You must then record it before your death in the deed records in the county clerk's office of the county where the property is located. Texas does not require witnesses.

A Texas transfer on death deed is not effective unless it is recorded before your death in the deed records in the county clerk's office of the county where the property is located (Tex. Estates Code 114.055). Recording must happen while you are alive; a deed recorded after you die does not transfer the property. There is no fixed number of days, but you should record it promptly after signing so it is on file before death.

Yes. A Texas transfer on death deed is revocable at any time while you are alive. You revoke it by recording an instrument of revocation, by recording a later transfer on death deed for the same property, or by conveying the property to someone else, in each case recorded before your death (Tex. Estates Code 114.057). A will may not revoke or supersede a Texas transfer on death deed, so you must use one of these recorded methods.

No. A Texas transfer on death deed is effective without notice to, delivery to, or acceptance by the beneficiary, and without consideration (Tex. Estates Code 114.056). The beneficiary does not have to pay you, sign anything, or even know about the deed while you are alive. The beneficiary gains an interest only at your death, and can also disclaim the property if they do not want it.

No. At your death the beneficiary takes the property subject to any mortgages, liens, and other interests on it at that time (Tex. Estates Code 114.104), and the property can still be reached to satisfy claims against your estate under Texas law (Tex. Estates Code 114.106). The deed avoids probate for the transfer itself, but it does not erase debts secured by the property or estate creditor claims.

Texas no longer provides a statutory fill-in transfer on death deed form; the earlier optional forms were repealed. Your deed must instead meet the requirements of Tex. Estates Code 114.055: it must contain the essential elements and formalities of a recordable deed, identify the beneficiary, describe the property, and state that the transfer occurs at your death. DocDraft assembles a compliant Texas deed from your details.