Smith County Deed Without Warranty Form

A Texas deed without warranty transfers real property while drawing a clean line on risk: the grantor conveys the property itself, and the grantee accepts the title exactly as it stands, with no warranty to fall back on. This form prepares that deed under Chapter 5 of the Texas Property Code, which makes a warranty optional in a Texas conveyance.

A True Conveyance, Not a Quitclaim

Texas decisions separate deeds that convey property from instruments that merely release a claim: a transfer of only the grantor's right, title, and interest, if any, is a quitclaim, and title professionals treat a quitclaim in the chain of title as a lasting complication. This deed stays on the other side of that line. It conveys the property itself with the traditional words of grant, while the warranty is switched off the way Property Code Section 5.023 permits, through an express provision that no covenant or warranty, express or implied, is made.

Where the Deed Without Warranty Fits

The form serves one or two grantors and appears most often in family transfers, trust and entity transfers, divorce and settlement transfers, and any conveyance where the grantor will pass whatever title exists but will not answer for it afterward; the guide explains how this instrument differs from the warranty deeds and the quitclaim.

Built for Texas Marital Property Rules

The second grantor block does double duty. Two record owners, including spouses conveying community property, sign as Grantor 1 and Grantor 2. And because Texas Family Code Section 5.001 requires both spouses to join a conveyance of homestead, the second signature line also serves a joining spouse who is not a record owner. The guide walks through both situations, with citations.

Signing and Recording

Each grantor signs before a notary, with a separate acknowledgment certificate for each signer. The deed is effective between the parties on delivery, but an unrecorded deed is void as to creditors and later good faith purchasers under Property Code Section 13.001, so the completed deed goes promptly to the county clerk of the property's county. The guide covers current filing practice, including the photo identification rule effective January 1, 2026.

What Is Included

•             The blank form as a fillable PDF, completed on screen or printed and completed by hand

•             A plain language guide covering every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like

•             A completed example showing the entire document filled in for a realistic Texas fact pattern

The document is formatted for Texas recording standards: letter size pages within Local Government Code Section 191.007, every line of type at 10 point or larger, the Property Code Section 11.008 notice of confidentiality rights in 12 point boldfaced capitals on page one, and reserved space for the county clerk's recording stamp. A non-recorded instructions page at the front of the form covers completion basics, including how an entry that outgrows its space continues on a recorded exhibit page.

Related Texas Forms

Grantors warranting title are served by the Texas General Warranty Deed or Texas Special Warranty Deed. A bare release of claims is served by the Texas Quitclaim Deed. A transfer effective only at death is served by the Texas Transfer on Death Deed (Individual).