Texas Estates Code § 112.052. Form of Agreement

(a) A community property survivorship agreement must be in writing and signed by both spouses.

(b) A written agreement signed by both spouses is sufficient to create a right of survivorship in the community property described in the agreement if the agreement includes any of the following phrases:

(1) “with right of survivorship”;

(2) “will become the property of the survivor”;

(3) “will vest in and belong to the surviving spouse”;  or

(4) “shall pass to the surviving spouse.”

(c) Notwithstanding Subsection (b), a community property survivorship agreement that otherwise meets the requirements of this chapter is effective without including any of the phrases listed in that subsection.

(d) A survivorship agreement may not be inferred from the mere fact that an account is a joint account or that an account is designated as JT TEN, Joint Tenancy, or joint, or with other similar language.


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