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Texas Lady Bird Deed

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Updated December 04, 2025

A Texas lady bird deed, or enhanced life estate deed, is a real estate deed used to specify who will inherit a certain property upon the death of the owner. Importantly, the owner retains full ownership and control of the property during their lifetime, allowing them to continue to live there or to revoke or change the deed at any time.[1]

How to File

  • Recording: Must be recorded in the local County Clerk’s office.[2]
  • Signing: The deed must be signed by the grantor in the presence of a notary public.[3]
  • Margins: Margin requirements are set by individual counties in Texas.[4] Check with your local County Clerk’s office to make sure your deed adheres to their specific formatting standards.
  • Required Information: The deed must identify with reasonable certainty the identities of the grantor and grantee, as well as include the valid legal description of the property being conveyed.[5]

Main Benefits

  • Maintain Control: Allows the owner to buy, sell, or otherwise maintain control of the property during their lifetime.[6]
  • Revocable: Gives the grantor the right to amend or revoke the deed at any time.[1]
  • Avoids Probate: Allows the beneficiary to immediately receive the property upon the grantor’s death, rather than having to go through the probate process.[7]
  • Preserve Residence Exemption: The deed preserves the owner’s homestead exemption benefits in regard to local taxes.[8]
  • Medicaid Recovery: Because the grantor ceases to own the property after their death, their property is protected from Medicaid recovery claims.[9]
  • Estate Creditors: Property transferred through a lady bird deed is outside of the grantor’s estate and therefore not subject to estate creditor claims. However, creditors can still place liens on the property that are passed on to the grantee.[10]

Sample

Download: PDF, MS Word, ODT

Sources

  1. Texas State Law Library – What is a Lady Bird deed?
  2. TX Prop § 12.001
  3. TX Prop § 12.001(b)
  4. TX Loc Govt Code § 193.001(b)
  5. Sheehan Law PLLC – Requirements for a Valid Deed in Texas
  6. Kinsel v. Lindsey, 526 S.W.3d 411 (Tex. 2017)
  7. The Law Offices of Shann M. Chaudhry Esquire – How to File a Lady Bird Deed in Texas
  8. TX Tax Code § 11.13
  9. State Bar of Texas – Making Sense of Medicaid Recovery
  10. Law Firm – Advantages and Disadvantages of Lady Bird Deeds