State-Specific Legal Forms

Texas uses 'deed without warranty' rather than the traditional term 'quitclaim deed.' The deed must be notarized and filed with the county clerk. Texas is a community property state, so both spouses may need to sign the deed.

Texas provides a statutory durable power of attorney form under the Texas Estates Code. The form must be signed by the principal and acknowledged before a notary public. Texas law presumes all POAs are durable unless stated otherwise.

Texas recognizes attested wills, holographic (handwritten) wills, and self-proving wills. A holographic will must be entirely in the testator's handwriting and signed by the testator. Texas is a community property state, affecting spousal property rights.

Texas uses the term 'Directive to Physicians and Family or Surrogates' for living wills. The document must be signed by the declarant and two witnesses. Texas also allows an Out-of-Hospital DNR order as a separate document.

Texas does not require an LLC operating agreement by statute, but having one is strongly recommended. The Certificate of Formation is filed with the Secretary of State. Texas has no state income tax, making it a popular state for LLC formation.

Texas is a landlord-friendly state with no statewide rent control. The Texas Property Code governs residential landlord-tenant relationships. Security deposits must be returned within 30 days of move-out, and landlords can deduct for damages beyond normal wear.

Texas eviction (forcible detainer) is one of the fastest in the country. The landlord must give a 3-day written notice to vacate before filing suit. The case is heard in Justice Court, and trial is typically scheduled within 10–21 days of filing.

Texas small claims cases are heard in Justice Court with a jurisdictional limit of $20,000. Attorneys are allowed but not required. The process is informal and designed for self-represented litigants.

Texas allows both no-fault and fault-based grounds for divorce. As a community property state, marital property is divided in a 'just and right' manner, which is not necessarily 50/50. There is a mandatory 60-day waiting period after filing.

Texas name changes are filed in District Court or County Court at Law. Adults must provide fingerprints for a criminal background check as part of the process. No newspaper publication is required unless ordered by the court.

Texas warranty deeds are the gold-standard conveyance instrument and contain the grantor's full covenants of title. The deed must be in writing, signed by the grantor, and acknowledged before a notary. Recording in the county clerk's office of the county where the land lies provides constructive notice to subsequent purchasers.

Texas does not require a state-prescribed bill of sale form, but TxDMV provides Form VTR-130-U for vehicle title transfers and many counties accept Form 130-U as a combined application/bill-of-sale. Notarization is generally not required, but recommended for vehicle sales between private parties.

Texas enacted the Uniform Premarital Agreement Act and enforces premarital agreements unless the challenging party proves the agreement was involuntary or unconscionable AND there was no fair disclosure. Texas is a community property state, so prenups commonly partition future earnings into separate property.

Texas does not cap rental application fees by statute. Landlords must give an applicant written notice of acceptance criteria; if they fail to do so, the applicant may recover the application fee. Texas allows separate application deposits in addition to fees.

Texas DTPA (Deceptive Trade Practices Act) requires a 60-day pre-suit demand letter before filing for damages. The letter must specify the complaint, amount of economic damages, and reasonable attorney's fees claimed. Failure to send the DTPA notice can bar recovery of additional damages.

Texas requires a Return of Service or Affidavit of Service after process is delivered. Service must be by a person authorized under TRCP 103 (sheriff, constable, or person 18+ certified by the Supreme Court). The return must be on file at least 10 days before default judgment.

Texas usury law caps general interest at 10% per year unless a higher rate is statutorily authorized (Texas Finance Code § 303 ceilings). Penalty for usury is forfeiture of principal and interest plus treble damages. Promissory notes are negotiable instruments under Tex. Bus. & Com. Code Ch. 3.

Texas enforces NDAs broadly under contract law and the Texas Uniform Trade Secrets Act (TUTSA). NDAs may protect both trade secrets and other confidential information, with perpetual protection for trade secrets and reasonable durations for other confidential information.

Texas enforces non-competes that are ancillary to an otherwise enforceable agreement and contain reasonable limits on time, geographic area, and scope of activity. The Texas Business and Commerce Code requires the restriction to protect a legitimate business interest like trade secrets or goodwill.

Texas allows modification when (1) the circumstances of the child or affected party have materially and substantially changed, OR (2) at least 3 years have passed since the order and the monthly amount differs by 20% or $100 from the guideline calculation.