A trustee who holds Texas real property in trust often wants to convey it without standing behind the title. A deed without warranty does exactly that: it uses the words of grant to convey the property itself, but carries no warranty of title. It sits between a warranty deed, which backs the title with covenants, and a quitclaim, which releases only whatever interest the grantor may hold. The grantee receives whatever interest the trustee holds and takes subject to every matter affecting title. This form prepares that deed for a trustee grantor under Chapter 5 of the Texas Property Code and the Texas Trust Code.

The Section 5.023 Trap

Property Code Section 5.022(b) says a warranty covenant is not required, so a deed can convey without warranty. But Section 5.023 sets a trap: unless the deed expressly provides otherwise, the words grant and convey imply a covenant that the grantor has not already conveyed the estate and a covenant that the estate is free from encumbrances, and those implied covenants are actionable as if written out. This form uses the words of grant and then expressly excludes the Section 5.023 covenants, so it conveys the property without carrying covenants the trustee did not intend.

Why the Trustee Is the Grantor

A Texas trust is not a legal entity; the trustee holds legal title. Property Code Section 114.087 confirms that the trustee, not the trust, is the party to an instrument naming the trust. This deed names the trustee and states the capacity, in the style Margaret E. Halloran, Trustee of the Halloran Family Living Trust dated June 3, 2015, and recites authority under the trust instrument and Property Code Sections 113.002, 113.009, and 113.010. Because it carries no warranty, it is common for a trust selling real estate and for a successor trustee conveying after the settlor's death.

Trust Property and Spousal Joinder

A conveyance of trust property by the trustee is not a conveyance of an individual's homestead, so the joining spouse signature that Family Code Section 5.001 calls for on a married individual's homestead deed does not appear here. Property Code Section 41.0021 lets a trustee convey qualifying trust property without the joinder of either spouse unless the trust instrument or a court order expressly prohibits it. A title company commonly asks the trustee for a certification of trust under Property Code Section 114.086, a separate instrument confirming the trust and the trustee's authority.

Signing, Recording, and the Package

The trustee signs in fiduciary capacity before a notary, who completes an acknowledgment naming the trustee and capacity. The deed is recorded in the county where the property is located; under Property Code Section 13.001, an unrecorded conveyance is void as to a later purchaser for value without notice. The confidentiality notice required by Property Code Section 11.008 appears at the top of the first page. The download is a fillable PDF deed with a section by section guide and a completed Travis County example. The materials are informational and are not legal advice; a Texas attorney or title company can address how these rules operate on a specific trust and title.

Related Texas Forms

A grantor conveying individually is described by the Texas Deed Without Warranty (Individual Grantor). A grantor willing to warrant title uses the Texas General Warranty Deed or Texas Special Warranty Deed. A grantor releasing only a possible interest uses the Texas Quitclaim Deed. A trustee establishing authority uses a Texas Certification of Trust.

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 Deed Without Warranty (Grantor to Own Revocable Trust) 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) 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 (trustee grantor) 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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