Texas Warranty Deed

Texas Warranty Deed Requirements

Texas commonly uses general warranty deeds and special warranty deeds. A warranty deed should match the title commitment, legal description, and negotiated warranties.

Create a TX warranty deed Warranty vs quitclaim guide

Notary

A deed must be acknowledged, sworn to, or proved to be recorded.

Witnesses

Usually 0

Texas does not generally require deed witnesses when the deed is properly acknowledged.

Record with

County clerk where the property is located

Warranty deed recording rules in Texas

Texas deed recording is county based. A deed is usually signed by the grantor, acknowledged before a notary, and recorded with the county clerk in the county where the property sits.

Transfer tax: Texas does not have a statewide real estate transfer tax. Required or common form: County filing requirements and property records forms may vary.

Reference: Texas Property Code Section 12.001. This is general educational information, not legal advice. County recorder rules can change.

Texas checklist before recording

Use the legal description from the current deed or title commitment.
Identify grantor and grantee names and mailing addresses clearly.
Sign with a notary acknowledgment or other proof acceptable for recording.
Record with the county clerk in the county where the property is located.
Confirm county e-recording, margin, fee, and return-address rules.

How to create your Texas warranty deed

1. Create the deed draft with property county, legal description, consideration, and vesting.
2. Have the grantor sign before a notary.
3. Submit the original signed deed to the county clerk.
4. Keep the recorded copy and confirm the property records index reflects the transfer.

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Frequently asked questions

Does a Texas deed need to be notarized?

For recording, a Texas deed is typically acknowledged before a notary or otherwise sworn/proved as allowed by law.

Does Texas require deed witnesses?

Texas does not generally require witnesses for an ordinary notarized deed.

Should I use a Texas quitclaim deed?

Use caution. Texas title practice often treats quitclaim deeds differently from warranty deeds, so warranty or special warranty language may be better for sale transfers.

Warranty deed requirements in other states

California New York Florida Illinois Pennsylvania

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