Can you use a transfer-on-death deed in Texas?
Yes. In Texas, an individual may pass their interest in real property at death by a transfer on death deed that has the formalities of a recordable deed, states that the transfer occurs at the owner’s death, and is recorded before the owner’s death in the deed records of the county where the property is located. This is the Texas Real Property Transfer on Death Act. The deed is revocable even if it says otherwise, requires the capacity needed to make a contract, cannot be made through a power of attorney, and takes effect without notice to, delivery to or acceptance by the beneficiary during the owner’s life, and without consideration. This is Tex. Est. Code §§ 114.001, 114.051, 114.052, 114.054, 114.055, 114.056.
| What | Texas |
|---|---|
| Transfer-on-death deed | Allowed; record before death |
Source
Tex. Est. Code §§ 114.001, 114.051, 114.052, 114.054, 114.055, 114.056
Read the statute in the Texas Statutes (Texas Legislature): statutes.capitol.texas.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
More Texas rules
- How long does a landlord have to return a security deposit in Texas?
- How many days does a tenant get to pay late rent in Texas?
- How much notice does a landlord have to give before raising the rent in Texas?
- How much notice must a landlord give to end a tenancy in Texas?
- How much can a landlord charge for a late rent fee in Texas?
- Is there a grace period for paying rent in Texas?
- Can a landlord change the locks to force a tenant out in Texas?
- How long does a tenant have to respond to an eviction case in Texas?
- What are squatters’ rights in Texas?
- What are the steps to evict a tenant for unpaid rent in Texas?
- Is there rent control in Texas?
- Can a landlord refuse a Section 8 voucher in Texas?
- Can a landlord retaliate against a tenant for complaining in Texas?
- Can a tenant repair and deduct from rent in Texas?
- Can a tenant sublet in Texas?
- What happens if a tenant breaks a lease in Texas?
- Do HVAC contractors need a license in Texas?
- Do you need a license to do electrical work in Texas?
- Do you need a license to work as a plumber in Texas?
- How does joint tenancy with right of survivorship work in Texas?
- What is the deadline to file a mechanic’s lien in Texas?
- Do contractors charge sales tax in Texas?
- Is appliance repair taxable in Texas?
- Is contractor labor taxable in Texas?
- Every Texas rule on one page
The same question in other states
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas