A Texas lady bird deed, or “enhanced life estate deed,” enables a grantor to transfer real estate to a beneficiary without probate. The grantor reserves the property in a life estate and retains full rights to use, sell, rent, or convey it during their lifetime. When the grantor dies, the property will be transferred in full to the grantee without court proceedings.
A lady bird deed can be useful in enabling the owner to apply for Medicaid (which limits the amount of assets applicants can have), and in preventing the state from recovering Medicaid benefits after their death.
- Statutes: Chapter 5 – Conveyances, Chapter 114 – Transfer on Death Deed
- Formatting: § 191.007, § 11.002, § 11.003, § 11.008, § 12.0011
- Signing Requirements (§ 12.001(b)): Notary Public or Two (2) Witnesses
- Where to Record: County Clerk’s Office
- Recording Fees (§ 118.011(2)): $5 for the first page + $4 for each additional page.