The act: revoking the deed, capacity, a power of attorney, and its requirements
Sec. 114.051. … An individual may transfer the individual's interest in real property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
Sec. 114.052. … A transfer on death deed is revocable regardless of whether the deed or another instrument contains a contrary provision.
Sec. 114.054. (a) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a contract. (b) A transfer on death deed may not be created through use of a power of attorney.
Sec. 114.055. REQUIREMENTS. To be effective, a transfer on death deed must: (1) … contain the essential elements and formalities of a recordable deed; (2) state that the transfer of an interest in real property to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the transferor's death in the deed records in the county clerk's office of the county where the real property is located.
Texas · general information · checked October 11, 2026 · Tex. Est. Code §§114.051–114.055