To get a warranty deed in Texas, you draft a document that identifies the seller, the buyer, the consideration, and the property’s legal description; the seller signs it before a notary public; and you record it with the county clerk in the county where the property is located. A general warranty deed is the strongest form of transfer available in Texas because the grantor guarantees clear title all the way back to the property’s origin, not just for the period they owned it. The steps below cover what to gather, how to draft, how to sign, and how to file.
Information to Gather Before You Draft
A warranty deed is a short document, but every field on it has to be correct. Pull these details together first:
- Full legal names of the grantor (the person transferring the property) and the grantee (the person receiving it), matching how those names appear on other legal records.
- A mailing address for each grantee. The county clerk requires it, and the recorded deed and future tax statements are sent there.
- The consideration, meaning the value being exchanged. That can be a dollar amount, other property, or “love and affection” for a gift transfer. The statutory form calls for the consideration to be stated in the deed itself.
- The legal description of the property. This is not the street address. It is a formal description, usually in metes-and-bounds or lot-and-block format, that uniquely identifies the parcel. Pull it from the current deed, a title commitment, or the county property records, and copy it exactly. An incorrect legal description can make the deed unenforceable.
If you are not sure the legal description on the prior deed is still accurate, a title company can verify it for a small fee. That check is cheaper than a defective deed.
Using the Texas Statutory Warranty Deed Form
Texas law provides a statutory warranty deed form in the Property Code. You do not have to follow it word-for-word. A form that is “the same in substance” will convey a fee simple estate with a covenant of general warranty.1State of Texas. Texas Property Code 5.022 – Form The statutory form includes spaces for the grantor’s name, the grantee’s name, the consideration, the property description, and the warranty language itself. Most real estate attorneys and title companies use their own versions that update the language while preserving the required substance.
If you are receiving the property as a gift, through an estate, or in a divorce, a general warranty deed may not be the right instrument at all. A special warranty deed narrows the seller’s promise to their own period of ownership, and a quitclaim deed makes no promises about title. For a standard residential sale, a general warranty deed is what you want.
Formatting the Deed So the Clerk Will Accept It
The county clerk will reject a deed that does not meet the recording standards in Property Code Chapter 12. The key rules:
- The first page must include a “NOTICE OF CONFIDENTIALITY RIGHTS” statement in boldfaced or uppercase type, alerting the grantee that they can remove personal information before the document becomes part of the public record.
- Print on standard letter-size paper (8.5 by 11 inches) or legal-size paper (8.5 by 14 inches).
- The text must be clearly legible, printed in English, at a font size large enough to be read and reproduced.
- Identify the instrument type at the top of the first page so the clerk can classify it.
Call the clerk’s office before you show up. Rejected deeds mean a second trip and, in some cases, a fresh notarization.
Signing and Notarization
Only the grantor signs the warranty deed. The grantee receives the property and does not make any promises about it, so no signature is needed from that side.
The grantor’s signature must be formally acknowledged for the deed to be recorded. Texas law requires the grantor to appear before an authorized officer and state that they executed the instrument for the purposes and consideration expressed in it.2State of Texas. Texas Civil Practice and Remedies Code 121.004 – Method of Acknowledgment In practice, that means signing in front of a notary public, who verifies the grantor’s identity and confirms the signing is voluntary. The notary then attaches a certificate of acknowledgment.
Do not sign the deed before you get to the notary. If the notary did not witness the signature, they cannot acknowledge it. This is one of the most common DIY mistakes.
Homestead Property Requires Both Spouses to Sign
Texas is a community property state, and the Texas Constitution imposes strict rules on homestead property. If the property is the family homestead, both spouses must sign the deed, regardless of whose name is on the title. A deed signed by only one spouse to convey homestead property can be voided. This is true even when the homestead is the grantor’s separate property; the other spouse still has to join in the conveyance. When in doubt, consult a real estate attorney before signing. This single issue creates more Texas title disputes than almost any other drafting error.
Recording the Deed With the County Clerk
After the deed is signed and notarized, file it with the county clerk in the county where the property is located.3State of Texas. Texas Property Code 11.001 – Place of Recording If the property crosses county lines, record it in each county. Recording puts the world on notice that ownership has changed. Until the deed is recorded, a later buyer who does not know about the transfer could potentially claim superior title.
You can file in person or by mail. Recording fees vary by county. As a rough benchmark, expect somewhere in the range of $20 to $30 for the first page and a few dollars for each additional page, though some counties price differently. Call the clerk’s office for the current schedule.
Once filed, the clerk assigns the deed an instrument number and adds it to the county’s official property records. The original recorded deed is mailed back to the grantee at the address on the document. Keep it in a safe place. The county keeps its own copy, but having the original in hand simplifies future transactions.
What the Deed Does Not Do
A warranty deed transfers ownership. It does not transfer or eliminate a mortgage. If the grantor has an outstanding loan on the property, the debt stays with the grantor unless the lender agrees otherwise. Nearly every mortgage also includes a due-on-sale clause that lets the lender demand full repayment if the property changes hands without lender consent. Federal law carves out limited exceptions for certain family and trust transfers, but a standard sale or gift to an unrelated person will almost certainly trigger the clause. If there is a mortgage on the property, either pay it off at closing with new financing or get the lender’s written consent before recording a new deed.
A warranty deed is also not the same as title insurance. The deed’s warranty gives the grantee the right to sue the grantor if a title defect appears, but collecting requires finding a grantor who is still reachable and solvent. Title insurance covers losses from defects that existed before the policy date but were not discovered during the title search. In a standard purchase, the lender will require a lender’s policy, and the buyer can add an owner’s policy for their own protection.
When to Bring in a Professional
A warranty deed for a straightforward residential sale run through a title company usually does not need extra legal help. Get an attorney involved when the property is a homestead, when there is an existing mortgage, when the deed is part of estate planning, or when there are known title defects or boundary questions. The cost of an attorney reviewing or drafting the deed is modest compared to the cost of unwinding a defective transfer after recording.