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Transfer on death deeds in Texas: what the statute says.
By Captain Saves A Home · Published October 28, 2026 · Updated October 28, 2026 · 1 min read
If the person who died signed a transfer on death deed, the house may pass to the named beneficiary outside of probate. Here is what Estates Code chapter 114 says about how those deeds work.
What it is
Under Texas Estates Code section 114.051, an individual may transfer their interest in real property to one or more beneficiaries, and the transfer takes effect at the owner's death. Section 114.002 defines the deed as one authorized by chapter 114, not any other deed that transfers a real property interest on death.
What it does not change during the owner's life
Section 114.101 says the deed does not affect the owner's right to transfer or encumber the property. It also does not:
- Affect the interests of a buyer or lender, even one who knows about the deed.
- Affect the interests of creditors, including future creditors.
- Trigger a due-on-sale clause.
- Give the named beneficiary a legal or equitable interest while the owner is alive.
- Subject the property to the beneficiary's creditors.
What to check
This post covers only part of chapter 114. Capacity, signing and recording requirements, and the deed's effect at death are in other sections, including 114.054, 114.055 and 114.103, that you should read or have an attorney review. Ask the title company to confirm that the deed was valid and recorded before you list or sign a contract.
If you inherit through a deed
Check the county records for the deed, talk to a probate or real estate attorney, and make a plan for taxes, insurance and upkeep. If you decide to sell, we buy as-is and you pick the closing date. See our inherited house page.