Free Texas Real Estate Power of Attorney Form Template

A Texas real estate power of attorney form appoints an agent to handle real property transactions for you. Chapter 751 of the Texas Estates Code governs durable powers of attorney, including a recording rule for real property transactions.

Texas sets these rules for a durable power of attorney.

Signed by an Adult Principal

Under section 751.0021, the instrument must be signed by an adult principal, or by another adult in the principal’s conscious presence at their direction.

Durable Wording

It must contain words such as “This power of attorney is not affected by subsequent disability or incapacity of the principal,” or similar words clearly showing that intent.

Acknowledged

The principal must acknowledge it before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths.

Recorded for Real Property Transactions

Section 751.151 requires a durable power of attorney used for a real property transaction requiring a recorded instrument, such as a deed, deed of trust, or mortgage, to be recorded with the county clerk where the property is located.

A 30-Day Window

It must be recorded no later than the 30th day after the instrument is filed for recording.

Yes, when it’s used for a real property transaction requiring an instrument that is recorded. Section 751.151 requires recording with the county clerk where the property is located.

The deadline is no later than 30 days after the deed or other instrument is filed. Outside that rule, section 751.202 bars a third party from requiring recording as a condition of accepting the power.

Tip: Record your Texas real estate power of attorney form with the county clerk at the same time your agent’s deed is filed, so the 30-day deadline isn’t an issue.

Follow chapter 751:

1. Name yourself as principal and your agent.
2. Identify the property and the powers you grant.
3. Include the statutory durable wording.
4. Sign the document.
5. Acknowledge it before an authorized officer.
6. Record it with the county clerk within 30 days after the instrument is filed.

Cover these points:

• Principal’s and agent’s names
• The property and the powers granted
• The statutory durable wording
• Principal’s signature
• An acknowledgment before an authorized officer

Document Genius’s customizable template covers each item. Your Texas real estate power of attorney form is ready to sign in minutes.