Warranty Deed Tenants

Unlike most states Texas does not automatically recognize joint tenancies as having a right of survivorship. Instead the parties must agree, in writing, to include a right of survivorship.

Survivorship rights take precedence over any contrary terms in a person's will because property subject to rights of survivorship is not legally part of their estate at death and so cannot be distributed through a will.

Joint tenancy can only be created if the four people obtain their interest at the same time. In other words, if three people own a building, they cannot add a fourth person to the deed and create a joint tenancy.

Right of survivorship refers to the right of the surviving party (usually a husband or wife) to take over their deceased partner's interest in a property that they owned equal interest in without having to go through probate.An exception in a Survivorship Deed means anything that may limit the title of property.

Joint Tenancy With Right of Survivorship Property owned in joint tenancy automatically passes, without probate, to the surviving owner(s) when one owner dies.

Joint tenancy has what is called right of survivorship, where, if one owner dies, the surviving owner takes all of the property, immediately upon the other owner's death. No court action is necessary for the surviving owner to take the property.X gives property to A & B as joint tenants with right of survivorship.

In Texas, two forms of joint ownership have the right of survivorship: Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. (The survivor must, however, live at least 120 hours longer than the deceased co-owner.

Property held in joint tenancy, tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. Real estate, bank accounts, vehicles, and investments can all pass this way. No probate is necessary to transfer ownership of the property.