- Contain the essential elements and formalities of a recordable deed §114.055(1)
- State that the transfer happens at the owner's death §114.055(2)
- Be recorded before death in the deed records of the county where the property is located §114.055(3)
- Be made by an owner with contractual capacity, not through a power of attorney §114.054
Free check · Texas real property · Last verified 2026-09-24
Texas Transfer on Death Deed Check
A Texas transfer on death deed lets a homeowner name who receives the property at death without probate, but it fails if an agent signs it, the legal description is wrong, or it isn't recorded before death. Answer 13 questions to see whether the Chapter 114 requirements are met and get a signing and recording checklist for your county.
Preparation help, not legal advice. This check does not create a deed, decide whether a deed is valid, or form an attorney-client relationship. Talk to a Texas attorney about Medicaid, tax, creditor, or family questions.
No sign-upYes/no/not-sure answers only; no names or addresses.
Private by defaultAnswers stay in this page unless you choose to save your checklist in this browser.
Cites the statuteEvery result shows the Chapter 114 section behind it.
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Check your transfer on death deed in about 4 minutes
You'll get one of three results: ready to prepare, ready after professional review, or not ready. Then download, copy, email to yourself, save, or print your checklist, and use the official form and county clerk links to sign and record.
The rules in brief
What Chapter 114 requires
- Need the beneficiary's knowledge, acceptance, or payment §114.056
- Stop the owner from selling or mortgaging the property during life §114.101
- Get overridden by a later will §114.057(b)
- Clear mortgages or liens; the beneficiary takes subject to them §114.104
Requirements, forms, recording, and fees · Ten mistakes to avoid · Compare with the Small Estate Affidavit and heirship affidavit
Common questions
Transfer on death deeds in Texas
Who can make a transfer on death deed in Texas?
An individual who owns an interest in Texas real property and has the capacity required to make a contract. The owner must sign personally; a transfer on death deed may not be created through a power of attorney (Texas Estates Code §114.051, §114.054).
Does a Texas transfer on death deed have to be recorded before death?
Yes. It must be recorded before the owner's death in the deed records of the county clerk where the property is located, or it is not effective (§114.055(3)).
Can I still sell or refinance the property after signing a transfer on death deed?
Yes. During the owner's life the deed does not affect the right to transfer or encumber the property, homestead rights, or property tax exemptions (§114.101).
How much does it cost to record a transfer on death deed?
Travis and Harris counties charge $25 for the first page and $4 for each additional page (checked 2026-09-24). Other counties may differ; ask the county clerk.
About this page
- Applies to
- Texas, United States only. Rules in other states differ.
- Official basis
- Last verified
- : every fact on this page was checked against the sources above on this date.
- Review status
- Not yet reviewed by a licensed Texas attorney Prepared from the primary sources listed. When a licensed Texas attorney reviews this page, their name and the review date will appear here.
- The tool can
- Checks the Chapter 114 requirements for a Texas transfer on death deed
- Flags power-of-attorney, capacity, ownership, and beneficiary problems
- Links the official TexasLawHelp, eFileTexas, and TAJC forms
- Shows verified recording fees for Travis and Harris counties
- The tool cannot
- Draft or record the deed for you
- Decide whether a deed is valid or how title is held
- Give Medicaid, tax, or creditor advice
- Give legal advice or represent you
- When rules change
- We re-check these sources at least every 90 days and after each regular Texas legislative session. When a statute, court form, or county fee changes, we update the tool and this page, change the date above, and record the change in the Texas rule update log (feed).