Texas Life Estate Deed Form

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A Texas life estate deed is a legal instrument that transfers real estate and grants an individual, usually the current owner, the right to use the property for their lifetime. This individual, known as the “life tenant,” has exclusive use of the real estate while living. When the life tenant dies, ownership automatically transfers in full to the designated “remainderman.”

Texas Life Estate Deed Form

A Texas life estate deed is a legal instrument that transfers real estate and grants an individual, usually the current owner, the right to use the property for their lifetime. This individual, known as the “life tenant,” has exclusive use of the real estate while living. When the life tenant dies, ownership automatically transfers in full to the designated “remainderman.”

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Last updated February 20th, 2025

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A Texas life estate deed is a legal instrument that transfers real estate and grants an individual, usually the current owner, the right to use the property for their lifetime. This individual, known as the “life tenant,” has exclusive use of the real estate while living. When the life tenant dies, ownership automatically transfers in full to the designated “remainderman.”

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Key Points on Life Estate Deeds

  • The life tenant can live in, care for, and use the property for life.
  • All expenses and responsibilities tied to the property rest with the life tenant.
  • Life estate property transfers aren’t subject to probate.
  • A life estate deed can’t be revoked without consent from the life tenant and remainderman.

Deed Recording Requirements

Deeds are filed with the County Clerk’s Office in the county where the real estate is located.[1] For the deed to be recorded, it must be:

  • No bigger than 8.5 inches wide and 14 inches long.[2]
  • Written in a font no smaller than 8 points.[3]
  • Signed by the grantor (old owner) and either notarized or signed by two credible witnesses.[4]

Recording Fees – The county clerk’s recording fees are (at the time of this writing) $5 for the first page and $4 for each additional page.[5] A $10 records management fee and a $10 records archive fee are typically charged in addition to the base fee.[6]

Life Estate Deed (Preview)

Sources

  1. § 11.001
  2. § 191.007(b)(1)
  3. § 191.007(b)(3)
  4. § 12.001(b)
  5. § 118.011(a)(2)
  6. §§ 118.011(b)(2), (f)(1)