Quitclaim Deeds and Transferring Property in Texas
How to sign and record a quitclaim or other deed in Texas, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: To be recorded, a deed must be signed and acknowledged or sworn to by the grantor before an officer authorized to take acknowledgments (such as a notary), or signed and acknowledged in the presence of two or more credible subscribing witnesses. Tex. Property Code § 12.001
| Signing and recording a deed | To be recorded, a deed must be signed and acknowledged or sworn to by the grantor before an officer authorized to take acknowledgments (such as a notary), or signed and acknowledged in the presence of two or more credible subscribing witnesses. A person presenting the deed in person for recording must show photo identification to the county clerk. Deeds are recorded with the county clerk where the property is located. Section 12.001 was most recently amended effective December 4, 2025. Source: Tex. Property Code § 12.001 |
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| Transfer-on-death deed | Yes. An individual may transfer real property at death by a transfer on death deed. The owner needs the same capacity as to make a contract, and the deed cannot be made through a power of attorney. It must contain the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the deed records of the county clerk where the property is located before the owner dies. It is revocable, and no notice to or acceptance by the beneficiary, or consideration, is required. |
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FAQ
What does a quitclaim deed need to be valid in Texas?
To be recorded, a deed must be signed and acknowledged or sworn to by the grantor before an officer authorized to take acknowledgments (such as a notary), or signed and acknowledged in the presence of two or more credible subscribing witnesses. A person presenting the deed in person for recording must show photo identification to the county clerk. Deeds are recorded with the county clerk where the property is located.
Does Texas allow transfer-on-death deeds?
Yes. An individual may transfer real property at death by a transfer on death deed. The owner needs the same capacity as to make a contract, and the deed cannot be made through a power of attorney. It must contain the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded in the deed records of the county clerk where the property is located before the owner dies. It is revocable, and no notice to or acceptance by the beneficiary, or consideration, is required.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.