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Simply put, the right of survivorship means that if one tenant passes away, their share of the property automatically goes to the surviving tenant(s) without having to go through probate. This can be a valuable benefit for those who want to ensure that their property passes on smoothly to their loved ones.
During the owner's life he or she can designate a co-owner as joint with right of survivorship. This is done by using Texas Department of Motor Vehicles (DMV) Form #VTR-122. If that hasn't been done prior to the owner's death, there is a DMV form called Affidavit of Heirship that can be used to transfer the title.
Real estate property is often owned by two or more people at the same time. However, by default, jointly owned property does NOT automatically include a Right of Survivorship in Texas. This differs from many other states.
This agreement allows property owners to ensure that their ownership interest in the property automatically transfers to the surviving co-owner(s) upon their death, without the need for probate proceedings.
Have a ?Survivorship Rights? remark placed on the Texas title: Submit this completed Form VTR-122 with an Application for Texas Title and/or Registration (Form 130-U) to a county tax assessor-collector's office. In addition to the remark, up to two names can be printed as survivors on the Texas title.