The enhanced life estate deed, better known in Texas as the lady bird deed, performs a trick no ordinary deed manages: it conveys the property today and still leaves the people who signed it free to sell, mortgage, lease, or give away that same property tomorrow, without asking anyone named in the deed. This version of the instrument is drafted for two co-owners who hold Texas real property as joint owners with right of survivorship, and it carries their plan across two deaths: the entire enhanced life estate belongs to the survivor after the first death, and the named remainderman takes only when the last owner dies.

A conveyance that keeps every power that matters

The deed grants, sells, and conveys the property to the grantee as remainderman, then reserves to the grantors, and to the survivor of them, an enhanced life estate: exclusive possession and income for life, together with the power to sell, convey, mortgage, lease, or otherwise dispose of the property, with no joinder, consent, or notice from the grantee, and all proceeds kept. If the owners dispose of the entire property during life, the remainder is divested and the deed transfers nothing at the second death. The conveyance is made without warranty of title and expressly excludes the covenants that Texas Property Code Section 5.023 would otherwise imply from words of grant, the drafting pattern that separates a no-warranty conveyance from a quitclaim.

Two owners, one survivorship, one remainder

The form recites title held under a written survivorship agreement made under Texas Estates Code Section 111.001, the arrangement common among unmarried pairs: siblings, partners, a parent and an adult child. While both grantors live, the reserved powers operate jointly; after the first death, the surviving grantor holds the entire life estate and every power alone. Spouses holding community property fall under a different regime, since community property survivorship arises under Estates Code Chapter 112 rather than Section 111.001, and different instruments recite that vesting.

No enabling statute, and what that means

Unlike the transfer on death deed, which the legislature codified in Estates Code Chapter 114 in 2015, the lady bird deed rests on Texas common law and long title practice. Chapter 114 itself steps aside: its nonexclusivity provision preserves every other lawful method of transferring real property. The absence of a statute cuts both ways, and the guide describes both edges: no statutory form or formality constrains the deed, and no Texas appellate decision has construed one, so title companies review these deeds case by case.

Probate, Medicaid recovery, and the recording counter

Property that passes under a lady bird deed passes outside probate, and the Texas Medicaid Estate Recovery Program presents its claim only against the probate estate under the state's administrative rules, which is the reason this deed appears so often in long-term-care planning. The completed deed is recorded with the county clerk of the county where the property is located; the first page carries the confidentiality notice Property Code Section 11.008 requires, and, effective December 4, 2025, a person presenting a document for recording in person shows photo identification at the counter.

The download includes the blank deed as a fillable PDF, with conditional joining-spouse signature blocks for the homestead situations Family Code Section 5.001 reaches, a completed example built on a realistic Williamson County fact pattern, and a plain-language guide that walks through every numbered section, the signing and notarization details, and the recording steps. The materials are informational and are not legal advice.

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 Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship)

Designate multiple beneficiaries for a property
Revoke a prior transfer on death or beneficiary designation
Simplify property transfer for your family after your passing
Avoid probate costs and delays for your heirs
Designate a spouse as the beneficiary of your property
Name your children as beneficiaries of your real estate

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) 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) 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) Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Deed Without Warranty (Signed by Attorney-in-Fact) 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 Trustee Deed 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) 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 enhanced life estate (lady bird) deed (joint owners with right of survivorship) 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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