Understanding the Different Deeds in Texas: A Guide for Real Estate Transactions

In Texas, there are several different types of deeds that can be used to transfer ownership of real property. Here is a brief overview of some of the most common deeds in Texas:

  1. Warranty Deed: This is the most common type of deed used in Texas. It includes a warranty by the seller (grantor) that they have good title to the property and have the right to sell it. A warranty deed also includes covenants (promises) by the seller to defend the title against any claims by third parties.
  2. Special Warranty Deed: This type of deed is similar to a warranty deed, but the seller only makes warranties for the time they owned the property. They do not make any warranties about the title prior to their ownership.
  3. Quitclaim Deed: A quitclaim deed does not contain any warranties or covenants by the seller. It simply conveys any interest the seller has in the property, if any, to the buyer (grantee). This type of deed is often used in situations where the seller is not sure what interest they have in the property, or where they want to release any claim they may have to the property.
  4. Executor’s Deed: This type of deed is used when a person transfers property they inherited as an executor of a will. The executor is responsible for distributing the property of the deceased person (decedent) according to the terms of the will.
  5. Administrator’s Deed: This type of deed is similar to an executor’s deed, but it is used when a person transfers property they inherited as an administrator of an estate. An administrator is appointed by the court to distribute the property of the decedent when there is no will or if the will is deemed invalid.
  6. Trustee’s Deed: This type of deed is used when a property is being transferred from a trust to a beneficiary. The trustee is responsible for managing the property on behalf of the beneficiaries according to the terms of the trust.

It is important to carefully consider which type of deed is appropriate for your situation and to consult with a real estate lawyer if you have any questions.