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Community Property Survivorship Agreement in Texas

Community Property Survivorship Agreement in Texas

Full question:

My husband and I have done the big wills through attorneys and all. We need to make a change TONIGHT. I am trying to find the Survivorship Agreement form that can't be disputed. He has to have some tests tomorrow and we need desperately to download, fill out and have in hand. Please tell me where to download it. Is it a legal agreement if we just type up the changes and have signatures notarized and witnessed and in a safe?

Category: Marriage
Subcategory: Marital Property
Date: 04/07/2025
State: Texas

Answer:

Texas Probate Code section 46 states that “If two or more persons hold an interest in property jointly, and one joint owner dies … the interest of the decedent in the joint estate shall not survive to the remaining joint owner ...” The law does allow joint owners to agree in writing that when one of them dies, that person’s share “shall survive to the surviving joint owner … but no such agreement shall be inferred from the mere fact that the property is held in joint ownership.”

Unless spouses have a community property survivorship agreement, a deed that specifically has words creating a right of survivorship, or have set up a living trust and deeded the house to the trust, the half belonging to a deceased spouse passes via Will or the intestacy laws.

A survivorship agreemnt actually takes priority over the Will of the person who died, so it is important that you plan carefully. You want to coordinate the same plan in both your Will and in your CPSA. If your estate is uncomplicated and will not be exposed to federal estate tax, then a CPSA may be all you need.

Unfortunately, we do not offer a form for this purpose at USLegalforms. We do have an attorney on staff here who can draft a specific form for someone but your situation would not allow for enough time.

Here is a sample of some of the language you would need in the agreement. Please note that this agreement would have to be modified to list all the property you are sharing. If any of the property is real estate, the agreement would have be recorded on the land records.

COMMUNITY PROPERTY AGREEMENT
It is hereby agreed by and between ________ and ________ , Husband and Wife, Grantees herein, that the following community property shall, in the event of the death of one spouse, vest in and belong to the surviving spouse: ______________

(Signatures)(Printed Names)
(Proper Notarization)

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does survivorship override a will?

Yes, a survivorship agreement typically takes precedence over a will. This means that if there is a valid survivorship agreement in place, the property will pass directly to the surviving owner upon death, regardless of what the will states. It is important to ensure that any survivorship agreements are properly documented to avoid disputes. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the survivorship rule?

The survivorship rule allows property owned jointly to automatically transfer to the surviving owner upon the death of one owner. This rule is often established through a survivorship agreement or specific language in a deed. It ensures that the deceased owner's share does not go through probate but directly to the survivor. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Does right of survivorship trump a will?

Yes, the right of survivorship generally overrides the provisions of a will. If a property is held in joint ownership with a survivorship agreement, it will pass automatically to the surviving owner, bypassing the will. This highlights the importance of coordinating your estate planning documents to avoid conflicts. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can the right of survivorship be changed?

Yes, the right of survivorship can be changed, but it typically requires a new agreement or deed. Both owners must agree to modify or revoke the survivorship rights. This process may involve drafting a new document that clearly states the changes and is properly executed according to state laws. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can a will override survivorship?

No, a will cannot override a valid survivorship agreement. Property held with a right of survivorship automatically transfers to the surviving owner upon death, regardless of what the will states. To ensure your wishes are honored, it is crucial to coordinate your will and any survivorship agreements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How do you add survivorship rights to a deed?

To add survivorship rights to a deed, you must draft a new deed that includes specific language indicating that the property is held with right of survivorship. Both owners must sign the new deed, and it should be recorded with the appropriate local government office to ensure it is legally recognized. This process helps to establish clear ownership rights. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*