Right of Survivorship
A characteristic of joint tenancy or community property where, upon the death of one co-owner, their ownership share automatically passes to the surviving owner.
Exam Context & Texas Nuance
Right of Survivorship
The right of survivorship ensures that a deceased co-owner’s interest does not pass to their heirs through a will or probate court. Instead, the ownership instantly and automatically consolidates in the surviving co-owner(s).
Texas-Specific Nuance & Citation
Unlike many states where joint tenancy automatically includes the right of survivorship, Texas is different. Under the Texas Estates Code § 111.001, for a joint tenancy to have the right of survivorship, the co-owners must execute a written, signed agreement stating their explicit intent.
The Trap
A major trap on the Texas exam is assuming that community property or joint tenancy automatically carries the right of survivorship in Texas. It does not. Co-owners must explicitly sign a “Survivorship Agreement” for the right of survivorship to take effect.
Worked Example
A married couple in Tyler buys a home. To ensure that the property automatically transfers to the survivor if one of them passes away, the title company prepares a separate Community Property Survivorship Agreement which both spouses must sign at closing.