How to find a property deed in Texas

In Texas, deeds are recorded in the deed records of the county clerk where the property is. That's where you get a plain or certified copy. Here's how to find one, what the appraisal district shows, how a transfer on death deed lets a house pass to family without probate, and what to know about property in Mexico.

Where are deeds kept?

In the deed records of the county clerk's office in the county where the property is. A transfer on death deed, for example, must be recorded there to take effect. Sources: Texas Estates Code, chapter 114, TexasLawHelp, transfer on death deed toolkit.

How do I get a copy?

Ask the county clerk. Many offer an online search and copies by mail or in person, and a certified copy carries the clerk's certification. In Bexar County, for example, plain copies are online, and plain or certified copies are available in person or by mail at $1 a page and $5 per certification. Fees vary by county. Source: Bexar County, how do I get a copy of my deed?.

What does the appraisal district show?

Your county appraisal district values each property as of January 1. Who owns the property on that date decides who is responsible for the tax. The appraisal district also handles exemptions, like the homestead exemption. For the legal description of a property, use the deed, not tax records. Sources: Texas Comptroller, property tax basics, TexasLawHelp, transfer on death deed toolkit.

Transfer on death deed

A transfer on death deed lets an owner name who gets the property when they die, without a will. To work, it must have the elements of a recordable deed, say the transfer happens at the owner's death, and be recorded in the county clerk's deed records before the owner dies. Source: Texas Estates Code, chapter 114.

The owner signs it in front of a notary.
The owner keeps full control while alive, and can still sell or borrow against the property.
Beneficiaries have no rights until the owner dies. You can name more than one, and alternates.
The owner can change or cancel it by filing with the county clerk before death. Destroying copies doesn't cancel it.
It can't be signed with a power of attorney, and it's no longer an option once the owner dies or is found incompetent.
TexasLawHelp has free forms. Filing typically costs $24 to $26 for the first page and $4 for each page after.

Source: TexasLawHelp, transfer on death deed toolkit.

When there's no deed to the heirs

If the owner died without a transfer on death deed or a will, the property goes to heirs under Texas law; see what happens if you die without a will in Texas. A sworn statement about the family history and the identity of the heirs can be recorded in the county deed records. After it has been on record five years, a court receives it as evidence of those facts. The Texas Comptroller also notes that an heir can record their interest in the property with the county clerk. Sources: Texas Estates Code, §203.001, Texas Comptroller, property tax exemptions.

Property in Mexico

Under Mexico's Federal Civil Code, selling real estate above a set value is done in an escritura pública, the deed made before a notario. Documents that transfer ownership are recorded in the Registro Público de la Propiedad; if they aren't, they can't be used against third parties. The registry is public and must issue certified copies of what's recorded. Each state has its own civil code and registry. Source: Código Civil Federal de México, arts. 2320, 3001, 3007 y 3042 (in Spanish).

Checklist

[ ] Owner's full name and the property address
[ ] County where the property is
[ ] Appraisal district account number, from a tax statement
[ ] Legal description, from the existing deed
[ ] Payment for copies and certification
[ ] For Mexico: the escritura's notario, number and date

Keep a copy with your family binder. See the emergency binder checklist. Source: TexasLawHelp, transfer on death deed toolkit.

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Frequently asked questions

Where do I get a copy of my deed in Texas?

From the county clerk in the county where the property is. Many counties have an online search; certified copies cost a small fee.

Does a transfer on death deed have to be recorded?

Yes. It must be recorded in the county clerk's deed records before the owner dies.

Can the owner still sell the house after signing a transfer on death deed?

Yes. The owner keeps full control while alive and can change or cancel the deed by filing with the county clerk.

Is this legal advice?

No. It's general information from Texas law, TexasLawHelp, the Comptroller and Mexico's Federal Civil Code. For your situation, talk to a lawyer.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.