Joint Tenancy With Right of Survivorship in Texas
In Texas, co-owners of property do not automatically have a right of survivorship. A survivorship right requires a written agreement stating that the survivor takes the whole property, and merely titling a deed to two people as joint tenants is not enough in many cases. Joint bank accounts follow separate statutory rules. Adding a child to a deed or account as a shortcut can create gift, creditor and control problems.
Survivorship in Texas
Texas law does not presume that co-owners have survivorship rights. Unless there is a written agreement that clearly gives the survivor the deceased owner's share, the deceased owner's share passes by will or intestacy, not automatically to the co-owner. For real estate, the usual approach is a signed survivorship agreement, often separate from the deed, that meets the statute's requirements. Because an agreement has to be done correctly, a deed that merely calls the owners "joint tenants with right of survivorship" can leave the question open.
Joint bank accounts
Joint accounts can have a right of survivorship if the account agreement says so. Texas treats a joint account as belonging to the parties in proportion to their net contributions while both are alive, unless they intended a gift. At death, the survivor generally receives the balance if the account has a survivorship provision. Many banks use a form with a survivorship box, so check what yours says.
Adding a child to a deed or account
- Creditors. The child's creditors, lawsuits or divorce may reach their share.
- Control. You may need the child's consent to sell or refinance.
- Taxes. A transfer during life can be a gift, and the child may receive your tax basis instead of a basis stepped up at death.
- Fairness. The child who receives the survivorship asset may not share with siblings.
- Medicaid. A transfer can affect benefit eligibility.
Better alternatives
If the goal is to avoid probate without giving up ownership, consider a transfer on death deed, a payable-on-death account or a living trust. These keep you in control during life and still pass the asset to the person you choose.
Married couples
Spouses sometimes use survivorship agreements for community property so the survivor can take everything without probate. Texas allows it, and it is typically done in a written agreement. Because it changes how community property passes, it should be coordinated with the rest of the estate plan.
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Book Free ConsultationFrequently asked questions
Does naming two owners on a deed create survivorship?
Not automatically in Texas. A written survivorship agreement is needed.
Is a joint bank account safe for avoiding probate?
It can pass to the survivor if the account has a survivorship provision, but it exposes your money to the co-owner's creditors during life.
Can I add my child to my house deed?
You can, but it often causes more problems than it solves. A TOD deed or trust is usually safer.
Do survivorship rights override a will?
Yes. Property that passes by survivorship is not governed by the will.