Types of Conveyance Deeds
When buying, selling, or transferring real estate in Texas, a conveyance deed is used to legally transfer ownership. However, not all deeds provide the same level of protection to the buyer (grantee) or the seller (grantor). Understanding the different types of conveyance deeds in Texas can help ensure a smooth and legally sound property transfer.
1. General Warranty Deed (Strongest Protection for Buyers)
A General Warranty Deed offers the highest level of protection to the buyer. With this deed, the seller (grantor) guarantees that:
✔ They own the property and have the right to sell it.
✔ The title is free from any claims, liens, or encumbrances, even those from before they owned the property.
✔ They will defend the buyer against any future claims on the title.
2. Special Warranty Deed (Limited Protection for Buyers)
A Special Warranty Deed provides some protection but only for issues that arose while the seller owned the property. With this deed, the seller guarantees that:
✔ They did not create any title defects or encumbrances during their ownership.
✔ They will not defend against claims from before they took ownership.
3. Quitclaim Deed (No Guarantees, High Risk for Buyers)
A Quitclaim Deed transfers whatever ownership interest the seller has—but without any guarantees about the title. This means:
✔ The seller makes no promises that they actually own the property.
✔ The buyer assumes all risks, including liens or ownership disputes.
4. Transfer on Death Deed (Avoids Probate)
A Transfer on Death Deed (TODD) allows property owners to name a beneficiary who will automatically inherit the property upon their death, without going through probate.
✔ The owner retains full control during their lifetime.
✔ The transfer happens instantly upon death.
✔ It can be revoked at any time before the owner’s death.
TODDs are a great estate planning tool for passing real estate without a will or probate.
5. Trustee’s Deed (Used in Foreclosures or Trusts)
A Trustee’s Deed is used when property is sold by a trustee, often in foreclosure sales or after a property is held in a trust.
✔ It conveys only the interest the trustee is legally allowed to transfer.
✔ Typically used when a lender forecloses on a property.
6. Lady Bird Deed (Enhanced Life Estate Deed)
A Lady Bird Deed is another estate planning tool that allows the owner to:
✔ Keep full control of the property while alive.
✔ Automatically transfer ownership to beneficiaries upon death, avoiding probate.
✔ Sell, mortgage, or change the beneficiary at any time.
This deed is often used for Medicaid planning to protect property from estate recovery after death.
Choosing the Right Deed for Your Needs
The right type of conveyance deed depends on your situation, the level of protection needed, and whether the property transfer is part of a sale or an estate plan. If you need assistance with real estate transactions, The Law Office of Tramaine Y. Tinner, PLLC can help ensure your property transfer is handled correctly. Contact us today for expert legal guidance!