What is Right of Survivorship and How Does It Work?~3 min read

In Texas, property ownership can come with various legal nuances, one of which is the right of survivorship. Understanding this concept is crucial, especially for those who own property jointly. This blog post aims to shed light on what the right of survivorship entails in Texas and how it operates.

What is the Right of Survivorship?

The right of survivorship is a legal principle that affects joint ownership of property, particularly real estate. In Texas, this concept is often associated with joint tenancy and tenancy by the entirety, two common forms of property ownership.

How Does it Work?

When property is owned with the right of survivorship, it means that if one of the owners passes away, their share of the property automatically transfers to the surviving owner(s). This transfer occurs without the need for probate proceedings, making the process relatively seamless for the surviving owner(s).

Key Characteristics

1. Automatic Transfer: Upon the death of one owner, their share of the property passes directly to the surviving owner(s) by operation of law.
2. Avoids Probate: The property does not have to go through probate, which can save time and money for the surviving owner(s).
3. Equal Ownership: Each owner has an equal share of the property, regardless of their initial contribution or investment.
4. Joint Tenancy vs. Tenancy by the Entirety: In joint tenancy, the right of survivorship applies to all owners equally, whereas tenancy by the entirety is reserved for married couples and offers additional protections.

Legal Requirements

To establish the right of survivorship in Texas, certain legal requirements must be met:

1. Clear Intent: The owners must explicitly state their intention to hold the property with the right of survivorship.
2. Equal Ownership: All owners must have an equal share of the property.
3. Joint Ownership: The property must be owned jointly by two or more individuals.
4. Proper Documentation: The deed or title must clearly indicate the right of survivorship.

Implications for Estate Planning:

Understanding the right of survivorship is crucial for estate planning purposes. It offers a convenient way to transfer property outside of the probate process, ensuring a smooth transition of assets to the surviving owner(s). However, it’s essential to consider the implications carefully and consult with legal professionals to ensure it aligns with your overall estate planning goals.

The right of survivorship simplifies the transfer of property ownership in Texas, providing a straightforward mechanism for joint property owners to pass assets to the surviving owner(s). By understanding its implications and legal requirements, property owners can make informed decisions regarding their estate planning and property ownership arrangements.

Contact Springer & Lyle

If you have questions or need additional information regarding right of survivorship and estate planning, contact Daniel Abasolo at 940.387.0404 to schedule a consultation. Our office is located at 1807 Westminster, Denton, TX 76205.