Tex. Codes » Property Code · TITLE 2. CONVEYANCES · CHAPTER 5. CONVEYANCES
Texas Codes

Tex. Prop. Code § 5.041 (2026)

Future Estates

✓ current as of May 2026
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Sec. 5.041. FUTURE ESTATES. A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will.

Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2008–2022 · leading case: Cavazos v. Cavazos, 246 S.W.3d 175 (Tex. App. 2008).
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Cavazos v. Cavazos, 246 S.W.3d 175 (Tex. App. 2008). “And, appellees again point to the hundreds of pages of division orders and letters contained in the record as evidence that this interest was recognized by others over the years. There is no dispute that a prospective heir may convey an estate that commences in the future, in…”
in Re the Est. of Maggie Williams Turner (Tex. App. 2017). · cites it 2× “In McIntosh’s amended petition, she maintained that the warranty deed’s “provision that ‘reserved a unilateral power of sale of any or all of the property with or without the consent of Grantee, for and during the natural life of Maggie Turner’ is Null and Void because the…”
Irma Lemus & Manuel Lemus v. John Rene Aguilar, Johnny B. Wells, Laura Ashley Wells, & Johnny Montoya Garza (Tex. App. 2015). · cites it 2× “…………30, 37 TEX. PROP. CODE § 5.041 …………………………………………………………….”
Est. of James Andrew Puckett (Tex. App. 2019). “051 (authorizing transfer-on-death deeds); Tex. Prop. Code Ann. § 5.041 (allowing conveyance of an “estate of freehold or inheritance” to commence in the future).”
Ola Kathleen Parker, Indep. of the Est. of J. Loyd Parker, III v. Michelle Elise Parker Jordan & Allison Renee Parker (Tex. App. 2021). “As discussed below, while a vested remainderman has a present right to transfer his future interest, he must manifest his intent to do so in clear and express language.”
Kirwan v. Garber, 366 F. Supp. 3d 818 (W.D. Tex. 2019). “Deed or Testamentary Instrument Under the Texas Property Code, "[a] person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will.”
Ronald D. Smith & Kimberly Smith v. Kingdom Investments Ltd. Carl/White Trust Anita Collins Paul O'Farrell Gladys A. Stone Edna A. Avitts Priscilla Wells Johnny M. Glosson Ellen Avitts Mgmt. Trust Connie B. Brown Floyd N. Brown, Jr. Ona Mae Worden Stanley & Eloise Brown Revocable Trust Carmie J. Brown Living Trust Charles Richard Avitts Katherine Avitts Gipson Margaret L. Clark & Thomas E. Avitts (Tex. App. 2022). “Tex. Prop. Code Ann. § 5.041 (“A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will.”
Frazier, James Melton (Tex. Crim. App. 2011). “1979) (prior version of current statute "allows estates in futuro to be conveyed in derogation of the common law rule which prohibited such conveyances.”
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