A Texas deed without warranty does something a quitclaim cannot: it conveys the property itself, while telling the grantee plainly that the grantor stands behind nothing about the title. This form prepares that deed for the situation where the owner does not sign it. An agent, acting under a durable power of attorney, signs on the owner's behalf.

Conveying the Property, Warranting Nothing

Two sections of the Texas Property Code define the instrument. Section 5.022 states that a covenant of warranty is not required in a conveyance and lets parties use any lawful clause or form, so a deed can pass title while promising nothing about it. Section 5.023 is the reason the disclaimer is spelled out rather than assumed: unless the deed expressly provides otherwise, the words grant and convey imply two limited covenants, that the grantor has not already conveyed the estate to someone else and that the estate is free from encumbrances. This form uses words of grant to carry the conveyance and then expressly excludes those implied covenants, so the language that transfers the property does not quietly import promises the grantor never meant to make.

Why It Is Not a Quitclaim

The distinction matters in Texas. A deed without warranty conveys the property; a quitclaim passes only whatever right, title, and interest the grantor happens to hold. Texas courts read the instrument as a whole to decide which it is, asking whether the language conveys the property or merely the grantor's rights. This form conveys the Property with words of grant and states that it conveys the property itself, not merely an interest, so it operates as a deed without warranty rather than a quitclaim, a difference that affects after-acquired title and how a later buyer is treated.

Signing Through an Agent

On this variant the owner has appointed an agent, also called an attorney-in-fact, under a durable power of attorney governed by Estates Code Chapters 751 and 752. A power of attorney is durable when it stays effective through the principal's later incapacity, and for the agent to sign a deed it grants authority over real property transactions. The form identifies the power of attorney by date and, where it has been recorded, by its recording reference, so the deed shows the source of the agent's authority on its face. The agent signs in a representative capacity, and the notary completes the acknowledgment Texas prescribes for a person acting by attorney-in-fact, naming the agent as attorney-in-fact on behalf of the principal.

Two Instruments at the Clerk's Office

Recording this deed brings a step an ordinary deed does not. Under Estates Code Section 751.151, a durable power of attorney used for a recorded real property transaction must itself be recorded in the county where the property sits, no later than the thirtieth day after the deed is filed. In practice the power of attorney and the deed are recorded together, so the records show both the conveyance and the authority behind it. The confidentiality notice required by Property Code Section 11.008 appears at the top of the first page, and the deed is recorded with the county clerk of the county where the property is located.

What Is Included

The blank deed as a fillable PDF, completed on screen or printed and filled in by hand
A plain-language guide that walks through every section, the agency recitals, and the recording of the power of attorney
A completed example showing the whole deed filled in for a realistic Texas fact pattern

The materials are informational and are not legal advice. Whether a deed without warranty fits a transaction, and how homestead joinder and the scope of an agent's authority apply to a particular property, are questions a Texas attorney can address.

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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Common Uses for Deed Without Warranty (Signed by Attorney-in-Fact)

Transfer property between family members
Transfer property to avoid probate
Gift real estate to a family member or loved one
Add or remove a name from a property title
Transfer property held in joint tenancy
Remove a former business partner from a property title

Compare other Texas deed forms and documents

Easement Deed (Ingress and Egress) Deed Without Warranty (Individual) General Warranty Deed (Individual Grantor) General Warranty Deed (Joint Grantors) General Warranty Deed with Vendor Lien (Individual Grantor) General Warranty Deed with Vendors Lien (Third-Party Lender) Deed Without Warranty (Two Grantors) Easement Deed (In Gross - Utility) Gift Deed Without Warranty Gift Deed Special Warranty Release of Easement Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Executor Deed (Independent Executor) Administrator Deed (Independent Administrator) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Trustee Deed Certificate of Trust 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 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 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 (signed by attorney-in-fact) 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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