Community Property With Right Of Survivorship In Texas
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How to fill out Agreement Between Unmarried Individuals To Purchase And Hold Residence As Joint Tenants With Right Of Survivorship?
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FAQ
In Texas, a married couple can agree in writing that all or part of their community property will go to the surviving spouse when one person dies. This is called a right of survivorship agreement. The right of survivorship agreement must be filed with the county court records where the couple lives.
On November 3, 1987, Texas voters approved an amendment to Article 16, Section 15, of the Texas Constitution. It states, ". . . and spouses may agree in writing that all or part of their community property becomes the property of the surviving spouse on the death of a spouse.
Under a community property system such as in California, when the first spouse dies, the entire property automatically transfers to the survivor. The property does not need to go through the probate process in order to be transferred to the survivor.
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.
Generally speaking, each spouse has a right to half of the community property and so, this is automatically distributed to a widow after their spouse's death.