Property Deeds in Texas
Real Estate Law For Current or Prospective Property Owners
Property Deeds in Texas
Real Estate Law For Current or Prospective Property Owners
Property Deeds in Texas
Any time you plan to transfer or sell your real property in Texas, you will need a Property Deed. This is the most commonly used document which allows the transfer of property ownership between living owners to take place.
Selecting the appropriate deed for your situation is not always straightforward or clear-cut. Real Estate Deeds have unique requirements depending on the situation.
Property Deeds in Texas may differ from Property Deeds of other states in some cases. The basic legal principles may be the same, however the names of the deeds or the supporting documents could vary between states.
Note: If the named owner of the property is deceased, you usually cannot use a Property Deed. You may need an Affidavit of Heirship, a probated Will or a court administration of the owner’s estate.
TYPES OF PROPERTY DEEDS
Deeds are different based on the (1) capacity of the person making the title transfer, (b) the warranty or guarantee being made by the person making the transfer; and (3) the interest that is being transferred.
Examples include:
- An Executor’s Deed – a deed signed by a person in the capacity of the court appointed executor of an estate.
- A Warranty Deed, either a General or Special Warranty Deed, depends upon the extent of the warranty or guarantee being made by the person signing the deed. A General Warranty Deed is a full warranty; Special Warranty Deed is a limited warranty. There is also a Deed without Warranty, which is similar to a Quitclaim.
- A Mineral Deed is a deed that only transfers the mineral rights to the land; it does not transfer the surface rights. Most deeds transfer all rights to the property from the core of the earth to the sky above it, but these interests can be separated.
deeds for title transfers in Texas
Our law firm provides preparation services of Property Deeds and other documents needed for property title transfers in Texas. All legal documents are prepared by a Texas licensed attorney. We prepare documents the same day and, in most cases, your document may be prepared and emailed to you within an hour or two. Most Property Deeds are $195.
In addition to your ready-to-be-signed document, we also include detailed information about how to record your document including information about where to do so. If needed, we will make any changes or corrections for no additional charge. With our firm, you will receive guidance from start to finish of the property title transfer process.
If you already know which Property Deed you need, please feel free to start here:
The following are some common Texas Property Deeds
To learn more, click on the blue button in any section to go to our deed preparation website TEXAS PROPERTY DEEDS to read more about each deed and to order your document.
Warranty Deed
Warranty Deeds are the most common deeds used in real estate property transfers. The signor ‘warrants’ or guarantees the title.
Whether the deed contains a full, limited or no warranty of title will determine which Warranty Deed is used.
General Warranty Deed
A General Warranty Deed is the gold standard of deeds and is the most common deed used in real estate transactions.
This deed conveys full rights of ownership and transfers the property to the buyer. It provides the buyer with the most protection.
Special Warranty Deed
This deed guarantees the seller who currently owns the property has not caused any title issues during the time of his or her ownership of the property. Most sellers prefer to use a Special Warranty Deed because of this limitation.
As a buyer, if you are unsure of the history of the property, you should avoid a Special Warranty Deed. You should ask for a General Warranty Deed instead of a Special Warranty Deed.
TRANSFER ON DEATH Deed
This deed names one or more beneficiaries to own the real property at the time of transferor’s death. To use this type of deed, the current owner must be alive and be mentally competent. If the owner is deceased or not mentally competent, you cannot use this deed.
When this deed is properly recorded, no probate is needed to transfer title to the property described in the deed. Title to the property transfers to the person named in the deed immediately upon the death of the person that signed the deed.
LIFE ESTATE Deed
A Life Estate Deed transfers ownership of real property into two separate interests. Present use and future use.
These two ownership interests each have separate rights of possession. The current owner of the property transfers the future use of the property but retains the present use of the property.
If both owners are alive, both owners will need to consent in writing to the sale or financing of the property. This deed cannot be revoked by the owner.
LADY BIRD Deed
A Lady Bird Deed is a special type of Life Estate Deed. It is also known as an “Enhanced Life Estate Deed”.
It is the same as a Life Estate Deed, but the owner has enhanced rights, including the right to revoke the deed, sell the property and/or mortgage the property.
This deed allows the grantor to change or cancel the transfer at any time without the consent of the new owner. The grantor also retains the right to sell or mortgage the property. Be advised a title company or buyer may want both parties to sign.
Executor’s Deed
This deed is used to transfer or convey real estate property of a deceased property owner who died with a Will that has been formally probated and an Executor has been appointed by the probate court.
It is the legal document used by the Executor to complete the transfer of real property owned by the deceased according to the terms of a Will.
Letters Testamentary issued by a probate court are required before this deed can be used.
Deed IN LIEU OF FORECLOSURE
This deed is a formal legal document used to surrender the property securing a mortgage loan to the Lender or Seller.
It transfers title of real property from the Buyer back to the Seller in lieu of going through a foreclosure process.
This document requires the consent of both the Lender and the Borrower before it can be used.
QUIT (QUICK) CLAIM DEED
When used appropriately, Quit Claim Deeds may be used to give up or relinquish any claims or interest in a property.
This document does not transfer ownership. Good alternatives to a Quitclaim are a Deed Without Warranty or a Special Warranty Deed. Both of these documents transfer ownership but limit the liability of the person signing the document. A Quitclaim does not transfer ownership. It merely gives up the right to claim the property.
Right Of Survivorship
Co-owners of a property can sign a Survivorship Agreement. With this agreement, if a property owner dies, that owner’s interest in the property transfers to the surviving owner of the property without the expense of probate.
The document changes the ownership from co-tenants to Joint Tenants With Right of Survivorship. (JTWROS)
In Texas, the Right of Survivorship is not automatic, even if the owners are married.
The owners need to sign a separate written agreement to create the right of survivorship. Without the agreement, if one owner dies, the property passes to the heirs of the deceased owner not to the co-owner, unless the co-owner is also an heir.
Administrator’s Deed
This deed is used to transfer or convey real estate property of a deceased property owner who died without a probated Will, but a probate court has appointed an Administrator of the Estate.
It is the legal document used by the court appointed Administrator to transfer real property owned by the deceased according to the Texas inheritance laws with the approval from the probate court.
Letters of Administration issued by a probate court are required.
Deed without warranty
If an owner wants to transfer property and does not want to guarantee the title to the new owner, a Deed without Warranty can be used.
It is similar to a Quitclaim, but a Deed without Warranty actually transfers ownership of the property. A Quitclaim does not transfer ownership of the property.
A Buyer should accept this type of deed with caution.
Experienced Texas Real Estate Lawyer
Do you have questions about Property Deeds? Email your questions directly to attorney Scott Steinbach at scott@steinbachlaw.com. Or speak to him at 972-960-1850. There is no fee for your call.
Do you already know which property deed you need? Visit our deed preparation website, Texas Property Deeds. Have your deed prepared today. Quick and easy. Most deeds are $195.
The Steinbach Law Firm prepares all documents for any real estate transaction in Texas.
Scott Steinbach is AV Preeminent rated by Martindale-Hubbell. Peer rated for Highest Level of Professional Excellence.