Updated October 11, 2026. Quick answer: A Texas deed may not be recorded unless it is signed and acknowledged or sworn to by the grantor before two or more credible subscribing witnesses, or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths. The statewide county-clerk fee schedule for real property records filing is $5.00 for the first page and $4.00 for each additional page or part of a page with visible marks, plus $4.00 for all or part of each 8 1/2 inch by 14 inch attachment or rider and $0.25 for each name over five that has to be indexed (Local Government Code 118.011(a)(2)). A county clerk may also set a records management and preservation fee of not more than $10 (118.011(b)(2)).
Texas quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | A Texas conveyance of land must be in writing and be subscribed and delivered by the grantor or the grantor’s authorized agent. |
| Witnesses | Section 12.001(b) lets a deed be recorded if the grantor signs before two or more credible subscribing witnesses or acknowledges it before an authorized officer, so two witnesses are the alternative to a notary rather than an added requirement. |
| Notary or acknowledgment | A Texas deed may not be recorded unless it is signed and acknowledged or sworn to by the grantor before two or more credible subscribing witnesses, or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | County clerk. The statewide county-clerk fee schedule for real property records filing is $5.00 for the first page and $4.00 for each additional page or part of a page with visible marks, plus $4.00 for all or part of each 8 1/2 inch by 14 inch attachment or rider and $0.25 for each name over five that has to be indexed (Local Government Code 118.011(a)(2)). A county clerk may also set a records management and preservation fee of not more than $10 (118.011(b)(2)). |
| State transfer tax | Not found in the documents read (no archived Texas document read states whether the state levies a transfer tax on deeds.) |
| Gift from a parent to a child | Not found in the documents read |
| Spouse or homestead | Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse, except as the Family Code chapter or other rules of law provide. |
| Source | Texas Legislative Council (Texas Constitution and Statutes) |
Signing, witnesses and the notary in Texas
A Texas conveyance of land must be in writing and be subscribed and delivered by the grantor or the grantor’s authorized agent.
A Texas deed may not be recorded unless it is signed and acknowledged or sworn to by the grantor before two or more credible subscribing witnesses, or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths.
Witnesses: Section 12.001(b) lets a deed be recorded if the grantor signs before two or more credible subscribing witnesses or acknowledges it before an authorized officer, so two witnesses are the alternative to a notary rather than an added requirement.
The text itself:
- Texas Property Code Chapter 5 Conveyances: “must be in writing and must be subscribed and delivered”
- Texas Property Code Chapter 12 Recording of Instruments: “in the presence of two or more credible subscribing witnesses”
- Texas Property Code Chapter 12 Recording of Instruments: “acknowledged or sworn to before and certified by an officer authorized”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: County clerk. The statewide county-clerk fee schedule for real property records filing is $5.00 for the first page and $4.00 for each additional page or part of a page with visible marks, plus $4.00 for all or part of each 8 1/2 inch by 14 inch attachment or rider and $0.25 for each name over five that has to be indexed (Local Government Code 118.011(a)(2)). A county clerk may also set a records management and preservation fee of not more than $10 (118.011(b)(2)).
An illustration, not a quote: a deed of 4 pages costs $5.00 + 3 x $4.00 = $17.00 at the statutory rates above, before any county add-on the documents do not show.
The text itself:
- Texas Local Government Code Chapter 118 Compensation of County Clerk: “(A) for the first page $ 5.00;”
- Texas Local Government Code Chapter 118 Compensation of County Clerk: “for each additional page or part of a page on which”
Transfer tax and a gift to a family member
UNVERIFIED: no archived Texas document read states whether the state levies a transfer tax on deeds.
Between family members: Not found in the documents read.
Spouse and homestead
Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse, except as the Family Code chapter or other rules of law provide.
The text itself:
- Texas Family Code Chapter 5 Rights and Duties Regarding Property (Homestead): “neither spouse may sell, convey, or encumber the homestead without the joinder”
Other filings the documents mention
A person presenting a deed in person for recording must present photo identification to the county clerk as required by Local Government Code 191.010.
The text itself:
- Texas Property Code Chapter 12 Recording of Instruments: “presents a photo identification to the county clerk”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000). Federal gift tax filing rules are outside this page and outside the documents read.
Read the Texas transfer-tax rule above for the state side of the same transfer. See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Texas has a statutory quitclaim form: not found in the documents read.
- Whether a gift from a parent to a child is exempt from the transfer tax: not found in the documents read.
- Whether Texas has a state transfer tax on deeds: not found in the documents read.
- County or city transfer taxes and local recording surcharges were not read unless named above.
Common mistakes
- Adding witnesses on top of the notary; the documents read treat two witnesses as an alternative to an acknowledgment, not an extra step.
- Assuming the answer for one state applies to another, or that signing a deed ends the paperwork before recording.
Related: quitclaim deeds by state, quitclaim vs warranty deed for a family transfer, Texas transfer on death deed, Texas probate cost, and whether Texas has an estate tax.
Sources
- Texas Property Code Chapter 5 Conveyances: https://tcss.legis.texas.gov/resources/PR/htm/PR.5.htm
- Texas Property Code Chapter 12 Recording of Instruments: https://tcss.legis.texas.gov/resources/PR/htm/PR.12.htm
- Texas Local Government Code Chapter 118 Compensation of County Clerk: https://tcss.legis.texas.gov/resources/LG/htm/LG.118.htm
- Texas Family Code Chapter 5 Rights and Duties Regarding Property (Homestead): https://tcss.legis.texas.gov/resources/FA/htm/FA.5.htm
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.