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For example, if two people, Mark and Amanda, own a property together and Mark dies, then Amanda will become to sole owner of the property even if this is not detailed in the will because the two of them purchased the property together.
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.
Even if you have a Will, once you sign the Survivorship Agreement, the property will pass to you co-owner and not to any devisee you have named in your Will. Good to know: Generally, when a property owner dies without a Last Will and Testament, the interest owned by the deceased owner passes to his or her heirs-at-law.
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.
An Affidavit of Survivorship is a sworn statement signed by the surviving owner to verify that the co-owner of the property has passed, and that the property has passed to the surviving owner.