Texas Estates Code - EST § 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.

Cite this article: FindLaw.com - Texas Estates Code - EST § 112.052. Form of Agreement - last updated April 14, 2021 | https://codes.findlaw.com/tx/estates-code/est-sect-112-052.html

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard