A Texas transfer on death deed is a written deed that lets a property owner name a beneficiary to receive real property at the owner's death.[1.1] The beneficiary takes the property without probate.[1.8] The owner can revoke the deed at any time before death.[1.2] Fill in the FormsPal template with our online builder, or download the Texas transfer on death deed form as a PDF, Word or OpenDocument file.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Texas law. If you notice an error or outdated information, please contact us.
Build Your Document
Answer a few simple questions to make your document in minutes
Save and Print
Save progress and finish on any device, download and print anytime
Sign and Use
Your valid, lawyer-approved document is ready
Texas law lets an individual transfer the individual's interest in real property to one or more beneficiaries, effective at the transferor's death, by a transfer on death deed.[1.1] The rules below come from Chapter 114 of the Texas Estates Code. The owner is called the transferor in the statute and the grantor on the form. The deed is one option in estate planning.
A transfer on death deed is a nontestamentary instrument, so it is not a will.[1.3] The deed takes effect at the owner's death and not before.[1.1] If your property is in another state, start from our transfer-on-death deed forms page and pick that state. Other kinds of deeds, such as a Texas general warranty deed, are listed in our deed forms guide.
The owner can revoke the deed at any time under Texas law, and no clause in the deed or in another document changes that.[1.2] A will may not revoke or supersede a transfer on death deed, so changing your Texas will does not change the deed.[1.7]
A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.
To be effective, a transfer on death deed must contain the essential elements and formalities of a recordable deed. It must also state that the transfer to the designated beneficiary is to occur at the transferor's death.[1.5]
Under Texas law, the capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. A transfer on death deed may not be created through use of a power of attorney, so an agent cannot create one for you.[1.4]
A transfer on death deed is effective without:
The main paragraph of the FormsPal template says the transfer is effective upon the death of the grantor and not sooner. Page 2 reserves the grantor's right to revoke the deed.
A transfer on death deed must be recorded before the transferor's death. Under Texas law, you record it in the deed records in the county clerk's office of the county where the real property is located.[1.5]
If the designated beneficiary survives the owner by 120 hours, the property passes to the beneficiary under the deed.[1.8] Under Texas law, real property transferred at the transferor's death by a transfer on death deed is not considered property of the probate estate for any purpose.[1.10] The property passes without covenant of warranty of title, even if the deed says otherwise.[1.8]
A proceeding to enforce liability under Section 114.106 of the Tex. Est. Code must be commenced not later than the second anniversary of the transferor's death.[1.10]
The county clerk's office where the property is located can tell you what it charges to record the deed and which payment methods it accepts. Ask before you go, and add the recorded copy to your estate planning records.
The FormsPal Texas transfer on death deed template has nine parts to complete, in the order below. Fill them in with our online document builder, or download the template and complete it by hand. Check each entry against your current deed before you sign, and keep the finished deed with your estate planning papers.
The screenshots under each step show the FormsPal Texas transfer-on-death deed template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
The template is built for signing in front of a notary public. Once the deed is complete and notarized, record it with the county clerk while the owner is alive.[1.5] The steps below cover signing, copies and recording.
One common question in estate planning with a transfer on death deed is how it works with a mortgage. Texas law answers it directly, and the answer is cited in the Sources list. For questions about your own situation, ask a Texas attorney.
A mortgage stays with the property. At the owner's death, a beneficiary takes the real property subject to all mortgages, liens, and other interests to which the real property is subject at that time. That also covers conveyances, encumbrances, assignments, and contracts, except as otherwise provided by the recording laws.[1.9]
General information, not legal or tax advice.
