Funding a revocable living trust means moving title to the real estate out of the owner's own name and into the name of the trustee. When the grantor and the trustee are the same person, there is little reason to warrant title to oneself, so Texas practice often uses a deed without warranty for the transfer. This form prepares that deed under Chapter 5 of the Texas Property Code, conveying the property from an individual owner to that owner as trustee of the owner's own revocable living trust.

A conveyance that promises nothing about title

A deed without warranty does something a quitclaim cannot, and something a warranty deed does not. It conveys the property itself, so it stays out of quitclaim territory, but it makes no promise about the state of the title. Property Code Section 5.022 provides that a covenant of warranty is not required in a conveyance. The grantor passes whatever title the grantor holds, and the trust takes the property subject to every lien, easement, and restriction of record.

Why the words of grant get an express exclusion

Texas hides a trap in the ordinary words of conveyance. Under Property Code Section 5.023, using grant or convey implies two covenants unless the deed expressly provides otherwise: that the grantor has not already conveyed the estate to someone else, and that the property is free from encumbrances. A deed labeled without warranty can still carry these implied covenants if it stays silent about them. This form closes that gap in its conveyance section, expressly excluding the common-law warranties and the Section 5.023 covenants, so the words of grant import no promise the parties did not intend.

Naming a trustee, not a trust

Record title to trust property is held in the name of the person acting as trustee, on behalf of the trust. Property Code Section 114.087 treats the trustee as the party to an instrument that names the trust. The deed names the trustee, the exact name of the trust, and the date of the trust instrument, because a shorthand name can leave a gap in the chain of title that surfaces at the next sale or refinance.

When a spouse signs too

If the property is the family homestead, the transfer brings in Texas Family Code Section 5.001, under which neither spouse may convey the homestead without the other spouse joining. That rule reaches a homestead conveyed into a revocable trust, and it applies even where the homestead is one spouse's separate property. The form carries a joining-spouse signature block; where the property is not homestead or the grantor has no spouse, the block is left blank, and a joining spouse conveys no separate ownership by signing.

What is included and what it is not

The package includes the blank deed as a fillable PDF, a completed example filled in for a realistic Travis County fact pattern, and a plain-language guide that walks through every numbered section, explains the governing statutes, and describes signing, notarization, and recording. The materials are informational and are not legal advice. The Texas General Warranty Deed to a Revocable Trust warrants and defends title generally; the Texas Special Warranty Deed to a Revocable Trust warrants only against defects arising during the grantor's own ownership; and the Texas Transfer on Death Deed names a beneficiary and takes effect only at death.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Compare other Texas deed forms and documents

General Warranty Deed (Individual Grantor) Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Individual) Certification of Trust Affidavit of Death (Transfer on Death Deed Beneficiary) Administrator Deed (Independent Administrator) Easement Deed (Ingress and Egress) Deed Without Warranty (Individual) Appointment and Acceptance of Successor Trustee (Recordable) Enhanced Life Estate Deed (Lady Bird Deed) (Individual) Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) Warranty Deed to Trustee Trustees Deed (Individual Trustee) Deed Without Warranty (Two Grantors) Transfer on Death Deed (Joint Owners with Right of Survivorship) Revocation of Transfer on Death Deed (Joint Owners) General Warranty Deed (Joint Grantors) Easement Deed (In Gross - Utility) Certification of Trust (Single Trustee) Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Trustees Deed (Two Cotrustees) Gift Deed Without Warranty Gift Deed Special Warranty Transfer on Death Deed (Community Property with Right of Survivorship) Release of Easement Certification of Trust (Sworn Certification) Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Trustees Deed (Corporate Trustee) Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Deed Without Warranty (LLC Grantor) Deed Without Warranty (Corporation Grantor) Deed Without Warranty (Trustee Grantor) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Enhanced Life Estate Deed - Lady Bird Deed (Individual by Attorney-in-Fact) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement General Warranty Deed (Executed by Attorney-in-Fact) Executor Deed (Independent Executor) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Mineral Deed (General Warranty) Mineral Deed (No Warranty) Mineral Deed (Special Warranty) Royalty Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney General Warranty Deed with Vendor Lien (Individual Grantor) Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note General Warranty Deed with Vendors Lien (Third-Party Lender) Deed Without Warranty (Signed by Attorney-in-Fact) Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our deed without warranty (grantor to own revocable trust) forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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