Types of Property Deeds in Texas

Quick Answer: Texas has several types of property deeds. The most common are general warranty deeds, special warranty deeds, and transfer on death deeds. General warranty deeds give full protection to the buyer. Special warranty deeds give limited protection. Transfer on death deeds let property go to heirs without probate. The deed you choose affects ownership, probate, and legal protection. Since 2021, changes to Texas law for quitclaim deeds make picking the right deed even more important.

Key Takeaways

• Texas has several deed types for estate planning. Transfer on Death Deeds (TODD) and Enhanced Life Estate Deeds (Lady Bird Deeds) are the best for avoiding probate.
• General Warranty Deeds give stronger protection when funding Revocable Living Trusts than Special Warranty Deeds. Hence, ensuring beneficiaries get full title.
• 2021 Texas law changed Quitclaim Deed rules. After four years on record, they no longer block later bona fide buyers, but title companies still act cautiously.
• Quitclaim Deeds are high-risk DIY options. They often cause costly legal problems and should be avoided without professional help.
• Using the wrong deed type can cause probate, loss of homestead exemptions, and serious financial issues for heirs.
• Professional legal help is essential when choosing and preparing deeds. DIY approaches can lead to mistakes that cost families thousands.

Understanding Texas Property Deeds for Estate Planning

Your family home is more than real estate—it is your legacy. Choosing the wrong property deed can cost your family thousands and lead to lengthy probate proceedings. We know these decisions can feel overwhelming, especially when you want to protect what matters most.

In Texas, property deeds are the legal documents that transfer ownership from one person to another. The type of deed you choose affects asset protection, probate avoidance, and the security of future ownership. A title shows who legally owns the property and the right to use, rent, or sell it. A deed is the document that actually transfers that ownership.

Deeds determine not only how property changes hands but also the protections your beneficiaries receive. The right deed can safeguard your family home and ensure assets pass smoothly without costly court involvement. Many families do not realize that deed choice also affects homestead exemptions and property tax benefits. Choosing the wrong deed can even trigger the probate you hoped to avoid.

Properly executed deeds play a key role in avoiding probate and reducing estate administration costs. The right deed can transfer ownership automatically at death. Hence, bypassing the time-consuming and expensive probate process. This can save families months in court and thousands in legal fees.

Need help selecting the right deed? Our Texas estate planning attorneys have guided families through property transfers for 20 years. Call us today at (888) 584-9614 for a free consultation. We’ll review your situation and recommend the best deed type—no pressure, no obligation.

Primary Deed Types for Asset Protection and Estate Planning

Texas recognizes several distinct types of property deeds, each serving specific purposes in estate planning scenarios. Understanding the differences between these deed types helps you make informed decisions about protecting your real property and transferring ownership to your beneficiaries.

The most commonly used deeds in Texas estate planning scenarios offer varying levels of protection and flexibility. Each affects probate avoidance and asset protection strategies differently, making your choice crucial for achieving your estate planning goals.

When selecting between deed types, consider your specific needs: Do you want to retain control during your lifetime? Are you concerned about creditor protection? Do you need to qualify for Medicaid benefits? Different deeds provide the best protection for family homes and investment properties depending on your answers.

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General Warranty Deed vs. Special Warranty Deed for Trust Funding

The choice between a general warranty deed and special warranty deed becomes critical when transferring property into a Revocable Living Trust. Understanding this comparison protects your beneficiaries and ensures proper trust administration.

General Warranty Deed: Maximum Protection

A general warranty deed provides comprehensive protection by warranting the entire chain of title from the sovereign forward. The Texas Land Title Association confirms that general warranty deeds offer the broadest protection available to Texas property buyers.

The seller guarantees they own the property, have the right to transfer it, and that the title is free from undisclosed encumbrances throughout history. This means if any title defects surface—even from previous owners—the seller remains liable to defend the buyer.

Key protections include:

• Complete title protection against all past and future claims
• Seller liability for any title problems that surface later
• Legal recourse if ownership issues develop
• Maximum confidence for buyers and mortgage lenders

For trust funding purposes, general warranty deeds offer superior protection because they provide complete title guarantees for trust beneficiaries. If title problems emerge after funding the trust, the general warranty protects the trust and its beneficiaries against all historical defects.

Special Warranty Deed: Limited Protection

In contrast, a special warranty deed offers limited protection covering only the grantor’s period of ownership. The seller warrants there have been no title defects during their ownership but accepts no responsibility for issues that arose before they acquired the property.

Special warranty deeds may create title insurance complications for trust beneficiaries. Title companies often require additional documentation or charge higher premiums when insuring properties transferred with special warranty deeds due to the limited protection they provide.

Common uses in Texas:

• Commercial real estate transactions
• Sales by financial institutions (banks, mortgage companies)
• Property transfers by trusts, estates, or corporations
• Situations where the seller has limited knowledge of the property’s history

The cost-benefit analysis favors general warranty deeds when funding trusts with valuable real estate. While special warranty deeds might seem appealing to sellers wanting to limit liability, they can create expensive problems for trust administration and beneficiary protection down the road.

Important note: Even with a general warranty deed, title insurance is strongly recommended and often required by lenders. The Texas Department of Insurance provides comprehensive guidance on title insurance requirements and protections at www.tdi.texas.gov/title

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Transfer on Death Deed (TODD): The Popular Probate-Avoidance Tool

The transfer on death deed revolutionized estate planning when Texas enacted it in 2015 under Texas Estates Code Chapter 114. ^{Texas Estates Code §114.001} This powerful tool allows property owners to designate beneficiaries who receive the property automatically upon the owner’s death without probate proceedings.

Benefits and Requirements

TODDs provide significant benefits including retained ownership control during your lifetime. You maintain the right to sell, mortgage, or modify the property without beneficiary consent. The death deed can be revoked or changed at any time simply by recording a new deed or revocation document at the county clerk’s office.

For a TODD to be legally valid in Texas, it must:

• Be in writing with a clear legal description of the property
• Be signed by the owner in front of a notary public
• Be recorded with the county clerk before the owner’s death ^{Texas Estates Code §114.051}
• Contain specific language about the transfer taking effect at death

Important Limitations

However, TODDs have important limitations you must understand. After death, the property can still be reached to pay certain estate debts if other estate assets are insufficient (the personal representative may enforce liability against the property). ^{Texas Estates Code §114.106}

The two-year creditor claim period allows creditors to pursue claims against the property after the owner dies. Additionally, some title companies restrict title insurance coverage for properties transferred through TODDs, potentially complicating future real estate transactions.

Transfer on death deeds work best for simple estate planning scenarios where the owner wants to avoid probate but doesn’t need advanced asset protection features. They’re particularly effective for families with minimal debt and straightforward beneficiary designations.

Consider this example: A widow wants her adult children to inherit the family home without probate. A TODD allows her to maintain complete control during her lifetime while ensuring automatic transfer upon death. However, if she has significant medical debt, a different estate planning tool might provide better protection.

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Enhanced Life Estate Deed (Lady Bird Deed): Maximum Flexibility for Asset Protection

The Enhanced Life Estate Deed, commonly called a Lady Bird Deed, provides maximum flexibility for asset protection while ensuring probate avoidance. This sophisticated tool allows owners to retain complete control while automatically transferring property to beneficiaries upon death. Lady Bird deeds are common-law instruments (not created by statute) that have been recognized in Texas practice.

Unique Benefits

Lady Bird Deeds offer unique benefits that other deed types cannot match:

• Preserve Medicaid planning advantages by removing the property from the owner’s countable assets for qualification purposes
• Homestead exemption remains intact, protecting property tax benefits throughout the owner’s lifetime
• Avoid probate while maintaining the owner’s absolute right to sell or mortgage without beneficiary consent
• Owner can change beneficiaries, revoke the deed, or sell the property entirely without notifying or obtaining permission from the remainder beneficiaries

Unlike TODDs, Lady Bird Deeds avoid probate while maintaining the owner’s absolute right to sell or mortgage without beneficiary consent. The owner can change beneficiaries, revoke the deed, or sell the property entirely without notifying or obtaining permission from the remainder beneficiaries.

Tax Advantages

These deeds provide significant tax advantages in many situations. The step-up in basis rules apply at the owner’s death, potentially eliminating capital gains taxes for beneficiaries who sell shortly after inheriting. Additionally, the property doesn’t go through probate, saving time and administrative costs.

However, Lady Bird Deeds aren’t appropriate for every family situation. Complex family dynamics, concerns about beneficiary financial responsibility, or significant creditor issues might make other estate planning tools more suitable. Professional guidance helps determine when Lady Bird Deeds provide optimal protection.

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High-Risk Deed Options to Avoid in Estate Planning

Not all property deeds are created equal, especially when it comes to estate planning. Some deed types create more problems than they solve, despite their apparent simplicity. Understanding these high-risk options helps you avoid costly mistakes that could jeopardize your family’s financial security.

The appeal of “simple” solutions often backfires in estate planning. What seems straightforward today can create expensive legal battles tomorrow. We’ve seen too many families learn this lesson the hard way when DIY approaches go wrong.

Quitclaim Deed: The Dangerous DIY Option

Quitclaim deeds are perhaps the most misunderstood and misused legal documents in real estate transactions. While they have legitimate uses in specific situations, they’re completely inappropriate for estate planning despite their apparent simplicity.

A quitclaim deed transfers whatever interest the grantor may have in the property without any warranties or guarantees about title quality. The grantor doesn’t promise they actually own the property or that the title is clear. This means the grantee could receive nothing, something, or everything, depending on the grantor’s actual interest.

2021 Texas Law Change

Important 2021 update: Texas modified its treatment of quitclaim deeds. As of 2021, a quitclaim deed that has been recorded for four years no longer automatically defeats a later bona fide purchaser’s status under Texas Property Code §13.001. However, title companies still proceed cautiously with quitclaim deeds due to the inherent title uncertainties they create.

Fundamental Problems

The fundamental problem with quitclaim deeds in estate planning lies in their lack of protection:

• Title insurance companies often refuse coverage for properties transferred via quitclaim deed, making future sales extremely difficult
• Lenders typically reject these deeds, creating financing complications for beneficiaries
• No warranties or guarantees about title quality or ownership validity
• No legal recourse if title problems surface after the transfer

Many title companies prefer a deed without warranty over a quitclaim because quitclaims can cloud “good-faith purchaser” status, even with the four-year relief provided by the 2021 law change.

A Personal Story from Attorney Migliaccio

A few years ago, I met a Dallas couple who wanted to leave their home to their daughter without probate. They’d found a form online and signed a quitclaim deed to her, thinking they were being helpful by avoiding attorney fees.

When the daughter tried to sell the property after they moved to assisted living, the title company balked—the quitclaim had weakened the chain of title and contained a legal description error. We sat down, reviewed the family’s goals, and rebuilt the paper trail.

We prepared a correction instrument under Property Code §§5.027–5.030 to fix the legal-description error and later used a properly drafted transfer on death deed that met Chapter 114’s requirements. When the parents eventually passed, their daughter recorded the necessary affidavits and closed smoothly.

That experience reinforced what we’ve believed since 2006: the right Texas deed—drafted carefully—saves families time, money, and stress. What should have been a simple property transfer had become a complicated title problem that delayed the sale by months.

Common scenarios where families mistakenly use quitclaim deeds include:

• Transferring property to avoid probate
• Adding children to titles
• Removing deceased spouses from ownership

In each case, other deed types provide better protection and fewer complications.

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The Hidden Dangers of DIY Deed Preparation

Do-it-yourself deed preparation has become increasingly popular with the rise of online legal forms and templates. However, this trend creates serious risks for Texas families trying to protect their real estate and plan their estates properly.

Seemingly minor errors can invalidate deeds and create expensive legal problems that far exceed the cost of professional preparation. Common mistakes in DIY deed preparation include:

• Incorrect legal descriptions
• Improper notarization
• Failure to address community property laws
• Inadequate consideration of marital rights
• Missing required statutory language for specialized deeds

Real-world examples demonstrate the financial impact these mistakes can have on families. We’ve seen families lose homestead exemptions due to improper deed language, costing thousands in additional property taxes. Others discovered their DIY deeds failed to transfer ownership effectively, forcing expensive probate proceedings they thought they were avoiding.

Online forms prove particularly inadequate for Texas-specific legal requirements. Texas community property laws, homestead protections, and recording requirements differ significantly from other states. Generic forms cannot account for these important distinctions.

The relationship between spouses in community property states like Texas requires special attention in deed preparation. Failing to properly address these rights can invalidate transfers or create unintended consequences for surviving spouses.

Case studies from our practice show families spending tens of thousands of dollars to fix deed mistakes that proper preparation could have avoided entirely. The false economy of DIY preparation often costs far more than professional legal services in the long run.

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Specialized Deeds for Unique Situations

Beyond the common estate planning deeds, Texas uses several specialized deed types for unique circumstances. Understanding when these specialized instruments become necessary helps ensure you’re using the right tool for your specific situation.

Professional guidance becomes absolutely essential when dealing with specialized deeds because their requirements and implications are more complex than standard transfers. These situations often involve multiple legal considerations that require careful coordination.

Gift Deeds and Tax Implications

Gift deeds transfer property without monetary consideration, explicitly documenting the transfer as a gift between parties. These deeds often include specific language addressing potential gift tax implications under federal tax law.

Important 2025 tax information: Gifts exceeding $19,000 per recipient in 2025 require filing IRS Form 709, even if no tax is owed due to the lifetime exemption. ^{IRS Gift Tax Information} The donor, not the recipient, reports gifts. Talk with a tax professional before gifting real estate.

Gift deeds are commonly used for:

• Transfers between family members
• Charitable donations of real estate
• Estate planning strategies involving property gifts to children or grandchildren

Deed of Trust and Mortgage-Related Transfers

In Texas, the deed of trust serves a crucial role in mortgage transactions and foreclosure procedures. Unlike traditional mortgages used in other states, Texas primarily uses deeds of trust to secure real estate loans. Understanding this distinction helps property owners navigate financing and potential foreclosure situations.

When borrower defaults occur, the deed of trust allows non-judicial foreclosure through the trustee rather than requiring court proceedings. This process moves more quickly than judicial foreclosure but provides specific borrower protections under Texas law.

A Deed in Lieu of Foreclosure represents an alternative to formal foreclosure proceedings when borrowers cannot make mortgage payments. This arrangement allows borrowers to transfer the property to the lender voluntarily, potentially avoiding the foreclosure process and minimizing credit damage.

Partition and Correction Deeds

Partition deeds divide jointly owned land so each co-owner receives a specific tract. Co-owners can also seek a court-ordered partition under Texas Property Code Chapter 23 if they cannot agree.

These deeds are essential when co-owners want to separate their interests, whether due to family disputes, business dissolution, or simple preference for individual ownership.

Correction instruments fix mistakes in a recorded deed—like a misspelled name or legal-description error—under Property Code §§5.027–5.030.

Administrative corrections sometimes require new deeds rather than simple affidavits, particularly when the errors affect ownership rights or legal descriptions. The appropriate remedy depends on the nature and severity of the mistake requiring correction.

Professional guidance helps determine whether a correction deed, affidavit, or entirely new transfer document provides the most appropriate solution for specific title issues.

Mineral Deeds and Subsurface Rights

Mineral deeds transfer ownership of subsurface oil, gas, or mineral rights separately from surface land ownership. In Texas, the mineral estate can be severed from the surface, and the mineral estate is the dominant estate with an implied right to use the surface as reasonably necessary. The Railroad Commission of Texas provides guidance on mineral rights issues at www.rrc.texas.gov

Texas property owners can sell mineral rights while retaining surface ownership, or vice versa. These specialized deeds allow flexible management of different property rights layers.

Sheriff’s Deeds and Court-Ordered Sales

Sheriff’s deeds are issued after a judicial sale under a writ of execution or a tax foreclosure. Texas rules govern how and where real property is sold (typically by public auction at the courthouse) and direct the officer to execute a deed to the successful bidder. Information about Texas court procedures is available at www.txcourts.gov

These deeds transfer only the interest the previous owner had and provide limited warranties about title quality due to the involuntary nature of the transfer. Sheriff’s deeds represent legally valid ownership transfers under Texas foreclosure procedures.

Fiduciary Deeds

A fiduciary deed is signed by someone acting under legal authority—like an executor, administrator, or trustee—to transfer property from an estate or trust.

Independent executors may sell without court approval unless limited by the will; dependent administrations generally require a court order. Trustees have statutory power to sell under the Texas Property Code.

The deed specifies the fiduciary’s legal authority and any court-imposed limitations on their power to transfer property.

Dedication and Cemetery Plot Deeds

Dedication deeds convey land to a government for public use (streets, parks). Texas law requires plats with intended dedications and sets recording rules under the Texas Local Government Code.

Property developers commonly use dedication deeds when creating subdivisions, transferring streets and common areas to local municipalities for ongoing maintenance and public access.

Cemetery plot deeds grant sepulture rights, not typical fee ownership. Texas Health & Safety Code Chapter 711 details plot and interment rights. ^{Texas Health & Safety Code Chapter 711}

These specialized documents specify rights and regulations for burial plots, markers, and memorial installations within cemetery properties.

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Community Property Considerations in Texas

Texas is a community property state, meaning spouses equally own income and real property acquired during marriage. Property acquired during marriage is presumed community property under Texas Family Code §3.002. This affects every property deed involving married individuals.

Critical Community Property Rules

Both spouses must typically sign deeds transferring marital property. If the property is a homestead, both spouses generally must join the deed, even if only one spouse is on title. This is required under the Texas Family Code and Texas Constitution Article XVI, Section 50. ^{Texas Constitution Art. XVI, §50}

Deeds should clearly state the grantor’s marital status to prevent future ownership disputes. A married person cannot typically transfer community property without their spouse’s signature, even if only one spouse’s name appears on the current deed.

Title companies routinely require marital status affidavits to ensure clear title transfers under Texas community property rules. Failing to address community property issues properly can void property transfers or create expensive legal complications later.

Practical Tips for Community Property

• State marital status in deeds to avoid future questions
• Expect title companies to ask for marital affidavits under community property rules
• If you’re married and conveying homestead, plan for both spouses to sign
• Separate property acquired before marriage has different rules—professional guidance helps navigate these distinctions

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Legal Requirements and Recording Process

Valid deeds in Texas must meet essential legal requirements to effectively transfer property ownership.

Essential Elements of a Valid Texas Deed

To be valid, a Texas deed generally needs:

1. Writing and signature by the grantor, plus delivery and acceptance (present intent to transfer)
2. Adequate legal description that identifies the land (not just the street address)
3. Granting language showing intent to transfer ownership immediately
4. Acknowledgment (notarization) for recording
5. Consideration is not required to transfer, but listing it can strengthen “good-faith purchaser” status

Important note: Using the words “grant” or “convey” implies limited covenants under Property Code §5.023 unless expressly disclaimed.

Failure to meet these requirements can invalidate the deed entirely, creating expensive problems for all parties involved.

The Recording Process

A deed is binding between the parties when it’s signed, delivered, and accepted, but recording provides public notice and protects you against later creditors or purchasers without notice.

The recording process protects ownership rights by providing public notice of property transfers. While recording isn’t required for validity between the parties, it’s essential for protecting against claims from bona fide purchasers and establishing priority for ownership interests.

To record your deed in Texas:

1. Ensure your deed is properly executed with all required signatures and notarizations
2. Take the original deed to the county clerk’s office in the county where the property is located
3. Pay the required recording fee (typically $25-$50 for the first page and a few dollars for each additional page; varies by county)
4. Receive a file-stamped copy for your records
5. The clerk will scan and index the deed in the county’s official public records

Texas recording law makes unrecorded instruments void against certain third parties under Property Code §13.001. That’s why we nearly always recommend recording right after closing.

County clerk procedures vary slightly between different Texas counties, but all require proper documentation and payment of associated fees. Most counties now offer online recording systems, but understanding the specific requirements for each jurisdiction ensures proper filing.

The consequences of failing to properly record deeds include:

• Loss of priority against subsequent purchasers
• Inability to obtain title insurance
• Complications in proving ownership rights

These problems can surface years later when families attempt to sell or refinance properties.

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Comparing Texas Property Deed Types

Understanding all deed types helps you make informed decisions about property transfers. Here’s a comprehensive comparison of the most common Texas deeds

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Choosing the Right Deed: Professional Guidance is Essential

Selecting appropriate deed types requires careful consideration of multiple factors including your estate planning goals, family dynamics, creditor concerns, and tax implications. No single deed type works for every situation, making professional analysis essential for optimal results.

Key Factors in Deed Selection

Consider these critical factors when choosing your deed type:

1. Level of control you want to maintain

• Transfer on death deeds and Lady Bird deeds let you keep control during your lifetime
• Traditional warranty deeds transfer ownership immediately
• Think carefully about whether you want to give up control now or retain it until your death

2. Protection needed for your beneficiaries

• General warranty deeds offer maximum protection
• Special warranty deeds provide limited protection
• Quitclaim deeds offer no protection

3. Potential creditor issues

• Some deed types offer better creditor protection
• Estate planning strategies vary based on debt concerns
• Professional guidance essential for asset protection planning

4. Qualification for government benefits

• Lady Bird deeds may help with Medicaid planning (requires careful professional planning)
• TODDs avoid probate but don’t address Medicaid lookback
• Gift deeds can trigger Medicaid penalties if timing isn’t right

5. Existing liens or mortgages

• Most mortgages include “due on sale” clauses
• TODDs typically don’t trigger these clauses because ownership doesn’t change until death
• Check with mortgage company before executing deeds that transfer current ownership

6. Tax implications

• Different deed types trigger different tax consequences
• Property transferred during lifetime affects beneficiary’s tax basis differently than property transferred at death
• Federal estate tax rules apply for larger estates (Texas has no state estate tax)
• 2025 gift tax exclusion is $19,000 per recipient

Each consideration affects which deed type provides the best solution for your specific circumstances.

Why Professional Guidance Matters

Experienced attorneys prevent costly mistakes and protect family assets by ensuring proper deed selection and preparation. The cost of professional legal counsel represents a small investment compared to the potential expense of fixing problems created by wrong choices or improper execution.

Professional guidance becomes especially important when dealing with:

• Complex family situations
• Significant assets
• Potential creditor issues
• Medicaid planning needs
• Multiple property transfers

These scenarios require sophisticated planning that goes beyond simple deed selection to comprehensive asset protection strategies.

We understand that estate planning decisions feel overwhelming, but you don’t have to navigate these choices alone. Our Texas estate planning team—Lead Counsel Verified in multiple practice areas—has helped thousands of families protect their homes and transfer real estate to beneficiaries effectively since 2006. The peace of mind that comes from proper planning far outweighs the cost of professional assistance.

Property transfer decisions feel complicated, and they are. Our estate planning attorneys help Texas families make these choices every day. Call us at (888) 584-9614 to schedule your free consultation at one of our Richardson, Dallas, or Prosper offices, or through our virtual offices statewide. We’ll explain your options in plain English and help you choose the deed type that protects your family’s interests.

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Frequently Asked Questions

What deed gives me the most protection in Texas?

A general warranty deed—the standard in many residential closings—provides the broadest warranty and defense obligations from the grantor. The seller guarantees clear title and agrees to defend against all claims, even those arising before their ownership. Title insurance is still recommended for additional protection.

Can I use a quitclaim deed in Texas?

You can, but it’s risky. While a 2021 law change provides some relief (after four years on record, quitclaim deeds no longer automatically defeat later bona fide purchaser status under Texas Property Code §13.001), many title companies still avoid quitclaims due to the inherent title uncertainties. Consider a deed without warranty instead for better title insurance prospects.

Do I have to record my deed?

Recording isn’t required between the parties for validity, but it protects you against later purchasers or creditors without notice. File with the county clerk where the property is located. Texas law makes unrecorded instruments void against certain third parties, which is why recording is strongly recommended.

Can I add my child to my deed to avoid probate?

You can, but this strategy often creates more problems than it solves. Adding your child to your deed means you’re giving them partial ownership now—not just after your death. This can trigger gift tax issues, expose the property to your child’s creditors, and require your child’s signature if you want to sell the property. A transfer on death deed usually works better for probate avoidance while maintaining your control.

What’s the difference between a Lady Bird deed and a TODD?

A Lady Bird deed is a common-law enhanced life-estate deed that lets you keep complete control while naming beneficiaries. A TODD is statutory under Estates Code Chapter 114, must be recorded before death, and the property can still be liable for certain estate debts after death. Both avoid probate, but Lady Bird deeds may offer additional Medicaid planning advantages. ^{Texas Estates Code Ch. 114}

How do community property rules affect deeds?

Texas presumes property acquired during marriage is community property, and both spouses must generally sign to convey a homestead. Marital status should be clearly stated in all deed documents to avoid future disputes.

Can an executor or trustee sign the deed?

Yes, when empowered by the will, court, Estates Code, or Property Code. Independent executors typically can sell without court approval; trustees have statutory sale powers. The deed must specify the fiduciary’s authority and any limitations.

What happens if I execute a transfer on death deed but later sell the property?

When you sell the property, the transfer on death deed becomes irrelevant because you no longer own the property. The beneficiary named in the transfer on death deed has no claim to the sale proceeds. The transfer on death deed only takes effect if you still own the property when you die.

How much does it cost to record a deed in Texas?

Recording fees vary by county but typically range from $25 to $50 for the first page and a few dollars for each additional page. Some counties charge additional fees. Contact your county clerk’s office for exact costs.

Where do I record a deed?

With the county clerk in the county where the land lies. Documents must meet formatting and acknowledgment rules to be accepted for recording.

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Protect Your Texas Property with the Right Deed

Property transfers are a critical component of estate planning. The deed you choose affects probate, taxes, control, and your heirs’ protection. Whether you’re planning to transfer property now or after your death, understanding Texas deed types—including the 2021 law changes affecting quitclaim deeds—helps you make informed decisions.

Since 2006, Warren & Migliaccio, L.L.P. has guided Texas families from El Paso to Houston through property transfer decisions. As Lead Counsel Verified attorneys in multiple practice areas, we understand Texas property law, current legal developments, Medicaid planning implications, and how to coordinate your deeds with your complete estate plan.

Don’t leave your property transfer to chance or online forms. Let us help you choose the right deed type and execute it properly.

Call us—get clear guidance today

Call (888) 584-9614 for your free consultation. We’ll review your property ownership, discuss your estate planning goals, and recommend the best strategy for your situation—no pressure, no obligation.

Texas residents can call us at (888) 584-9614 to meet at our Richardson, Dallas, or Prosper offices—or via our virtual offices statewide.

Service areas: Warren & Migliaccio, L.L.P. serves Texas statewide for estate planning and deed work. Bankruptcy and family law services are limited to Dallas–Fort Worth (Dallas, Collin, Denton, and Tarrant counties).

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Property transfer and estate planning laws are complex and fact-specific. Consult with a qualified Texas attorney before making any property transfer decisions.

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