Texas Quitclaim Deed Instructions

Step 1: Find the County Clerk Who Records It

Your deed goes to the county clerk of the county where the property is located, which may not be your home county. Texas has 254 counties, and the Secretary of State publishes a list of every county clerk with an address and phone number.

If the land crosses a county line, the law is satisfied by recording in a county where any part of it lies.

Step 2: Put the Privacy Notice and a Heading at the Top

When a deed transfers property to or from an individual, meaning a person rather than a company or a trust, Texas requires it to open with a notice of confidentiality rights. The notice goes at the very top of the first page, in 12-point bold type or 12-point capital letters, and reads substantially like this:

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

As the notice says, it's about two numbers. Texas law says whoever prepares a deed may not include a Social Security number in it. A driver's license number isn't banned, but you're entitled to remove or strike it, and a quitclaim deed doesn't need one, so leave it off.

If the notice does get left off, Texas law doesn't let the clerk reject the deed for that reason alone, and the deed is still valid between you and the grantee.

Under the notice, give the document a heading, such as “Quitclaim Deed.” Then set up the rest of the page the way Texas clerks expect:

• pages no larger than 8½ by 14 inches;
• everything clearly legible, in type no smaller than 8 point;
• every name typed or printed right under its signature;
• no attachment larger than a page, and no more than one attached to a page.

A clerk can't refuse a page that misses these rules, but charges twice the usual fee for it. The exceptions are type that's too small, and a missing heading on a deed that carries the privacy notice. Neither of those doubles the fee.

Step 3: Use Quitclaim Words, Not “Grant” or “Convey”

Texas doesn't publish quitclaim deed wording of its own. The deed wording in its conveyance law is for a warranty deed, and right after it the law says you don't need a warranty and may use any wording that doesn't break the law.

Two words need care. In Texas, a deed that uses “grant” or “convey” quietly makes two promises unless it says otherwise: that you haven't already transferred the property to someone else, and that it's free of encumbrances, such as liens. Those are exactly the promises a quitclaim deed is meant to leave out. So say that you “quitclaim” your interest instead.

Here is how the top of the first page can look:

[Notice of confidentiality rights, in bold or capitals, as in Step 2]

Quitclaim Deed

[Grantor's full name], of [city, state], quitclaims to [grantee's full name], whose mailing address is [street, city, state, ZIP], all of the grantor's right, title and interest in the following property in [county] County, Texas:

[Legal description, copied word for word from the current deed]

The highlighted word does the work. Below this come the signatures, each with the name printed beneath it, and the notary's acknowledgment.

Step 4: Write Your Name the Way the Record Shows It

The county clerk indexes deeds by the names on them, and anyone tracing the title later looks you up that way. Spell your name exactly the way the deed that gave you the property spells it. If your name has changed since then, give both, as in “Jane Smith, formerly known as Jane Doe,” so the two records connect.

If two or more people own the property and all of you are transferring your interests, each of you is a grantor and each of you signs. If a trust holds the title, the trustee signs as trustee. If a company holds it, an officer signs and gives their title.

Step 5: If You're Married, Your Spouse May Need to Sign

If you're not married, skip ahead to Step 6.

If the property is your homestead, your spouse signs the deed with you. Your homestead is the home you live in. Texas law says neither spouse can sell or convey it without the other joining in, and that holds whether the home is shared property or belongs to just one of you. It holds even when your spouse's name isn't on the title. The exceptions are narrow, such as a court having declared the other spouse incapacitated.

Property That Isn't Your Home

Texas is a community property state. Anything either of you owns during the marriage is presumed to belong to both of you, unless it's shown to be separate property: something you owned before you married, or received during the marriage as a gift or an inheritance. Community property that's titled in one spouse's name is presumed to be under that spouse's control, and someone dealing with that spouse is generally entitled to rely on it. If there's any doubt about whether a property is separate or community, both spouses signing the deed removes the question.

Step 6: Name the Grantee, With a Mailing Address

Write the grantee's full legal name the way they'll want it on the county's records and the tax bill. If a trust is receiving the property, name the trustee, as in “Jane Doe, Trustee of the Doe Family Trust.” If a company is receiving it, use the exact name on file with the Secretary of State.

Put a mailing address for each grantee on the deed. Texas won't record a deed without one unless someone pays a penalty fee of $25 or twice the recording fee, whichever is more. The address can also go on a separate page signed by you or the grantee and attached to the deed. Leaving it off doesn't undo the transfer between you, but it costs money at the counter.

Step 7: Decide Whether Co-Owners Get Survivorship

If the deed puts the property in two or more names, think about what happens when one owner dies. In Texas, a joint owner's share doesn't pass to the other owners just because they own the property together. It goes to that owner's heirs, or to whoever their will names.

To have the survivor take the deceased owner's share, Texas law requires a written agreement between the owners that an owner's share passes to the survivors when that owner dies. The agreement can't be assumed just because they own the property together.

The law doesn't say who has to sign that agreement, or whether survivorship wording in a deed signed only by the grantor is enough. A cautious way to draft it, which the statute doesn't require, is to have each grantee sign the survivorship wording as well, either on the deed or in a separate written agreement.

Married couples have a second route for community property. Spouses can agree that it goes to whichever of them survives, in a writing both sign. Wording such as “with right of survivorship” is enough for that agreement.

Step 8: Add the Legal Description

The legal description tells the world exactly which land is changing hands. Copy it word for word from the deed that gave you the property: the lot, block and subdivision with its recording details, or the survey and boundary description. A street address alone won't do. If you don't have your deed, the county clerk where the property is located keeps a recorded copy.

Step 9: Sign Before a Notary, in Person or Online

Sign the deed in front of a notary, and tell the notary you signed it for the purposes it describes. That's called acknowledging the deed. The notary then fills in, signs and seals a certificate saying so. Bring a current ID issued by a state or the federal government with your photo and signature, such as a driver's license or passport, because the notary has to confirm who you are.

Texas also lets a deed be signed in front of two or more credible witnesses who sign it as well. Before a witnessed deed can be recorded, though, one of those witnesses has to appear before a notary or another authorized officer and swear to the signing. So a notary is part of it either way, and signing before one to begin with is simpler.

Online notarization is allowed. A notary commissioned by the Texas Secretary of State as an online notary can meet you over live video, and you don't have to be in Texas at the time. The notary confirms who you are either from personal knowledge, or by having you show a government ID with your photo and signature on camera and then running it through a credential check and an identity-proofing check. The certificate notes that the notarization was done online.

You can sign an electronic deed during the session, or sign a paper deed while the notary watches on video. With paper, you also sign a short declaration, attached to the deed, saying it's the same document you signed on camera. You send both to the notary within three days, and the notary then completes the certificate. With an electronic deed, a county clerk that doesn't take electronic filings will still record a printed copy once a notary declares it a true copy. Our Remote Online Notarization by State page explains how a remote signing works.

Step 10: Record the Deed With the County Clerk

Take or send the signed deed and the recording fee to the county clerk where the property is located. If you hand it in yourself, bring photo ID. Since December 4, 2025, the clerk has been required to see it and copy it or note its details, and keeps that information confidential. A driver's license or state ID card, a U.S. passport, a U.S. military ID, and a permanent resident card all qualify, along with a few others.

Record it promptly. Between you and the grantee, the deed works as soon as it's signed and delivered. Against everyone else it's a different story: an unrecorded deed doesn't hold up against the grantor's creditors, or against a later buyer who pays for the property without knowing about it. Once it's recorded, it serves as notice to everyone.

Once the deed is recorded, the clerk returns the original to whoever filed it. It's common practice, though not a legal requirement, to write a “when recorded, return to” name and address at the top of the deed so it comes back to the right place. Keep the recorded deed with your important papers.

Where do I record a Texas quitclaim deed?

At the county clerk's office in the county where the land sits. The county you live in doesn't matter. Take your photo ID if you hand the deed in yourself, because the clerk is required to see it. The Texas Secretary of State lists every county clerk with an address and phone number.

Does my spouse have to sign a Texas quitclaim deed?

If the property is your homestead, yes. Texas law says neither spouse can convey the homestead without the other joining in, whether the home is community property or one spouse's separate property, and even if only one of you is on the title.

For other property, the answer turns on whether it's community or separate property and whose name is on the title. Property owned during a marriage is presumed to be community property, so when there's any doubt, having both spouses sign settles it.

Is there a transfer tax on a Texas quitclaim deed?

No. Neither the state nor any Texas city or county taxes the transfer of real estate, and since 2016 the Texas Constitution has barred any new law that would tax a sale or gift of land. You pay only the county clerk's recording fee, whether the deed is a gift, a sale, or a transfer into a trust.

How much does it cost to record a quitclaim deed in Texas?

Most Texas counties charge about $25 to record the first page of a deed and $4 for each additional page. That's the state's $5 page fee plus county records fees of up to $10 each, and Texas adds no transfer tax.

Does a Texas quitclaim deed need witnesses?

Not if you sign before a notary, which is the usual way. Texas also allows a deed signed in front of two or more credible witnesses who sign it too, but before that deed can be recorded, one of the witnesses has to appear before a notary or other authorized officer and swear to the signing.

Can I get a Texas quitclaim deed notarized online?

Yes. A Texas online notary can take your acknowledgment over live video, and you can be anywhere at the time. The notary checks your identity through an ID you show on camera, unless the notary knows you personally. You can sign an electronic deed, or sign a paper deed and a short declaration on camera and send both to the notary within three days. An online notary may charge up to $25 on top of the regular notary fee.

Where do I get a Texas quitclaim deed form?

Texas doesn't publish one. Its conveyance law prints wording for a warranty deed and lets you use any lawful wording instead, so you can write the deed yourself from the steps above or start from a form made for Texas.

Be careful with a general-purpose form from the internet. It probably won't have the notice of confidentiality rights at the top, a line for your spouse on a homestead, or a place for the grantees to agree to survivorship. And if it says the grantor “grants” or “conveys” the property, Texas reads promises into those words that a quitclaim deed is supposed to leave out.

If you'd rather start from something built for Texas, see our Quitclaim Deed Help page.

What is the difference between a quitclaim deed and a warranty deed in Texas?

A warranty deed promises the grantee that the title is good and that the grantor will defend it against other claims. A quitclaim deed promises nothing. It passes whatever interest the grantor has, if any.

Watch the wording. Texas treats the words “grant” and “convey” as making two promises unless the deed says otherwise, so a deed meant to be a quitclaim should say “quitclaim” instead.

What is the Texas four-year rule for quitclaim deeds?

It's a rule about later buyers and creditors, not about whether the deed works. Once a quitclaim deed recorded on or after September 1, 2021, has been on record in the county for four years, it no longer affects whether a later buyer or creditor is treated as having acted in good faith, and it isn't notice to them of any unrecorded sale, lien or other interest in the property. It doesn't delay the transfer: the deed passes your interest once it's signed and delivered, and it's recorded like any other deed.

How do I find my Texas deed online?

Start with the website of the county clerk where the property is located, since recorded deeds are public records kept county by county and there's no single statewide search. If your county doesn't offer an online search, or your deed is older than what's online, the clerk's office can give you a copy for a small per-page fee.