Property Rights & Ownership

Right of Survivorship

A feature that passes a deceased co-owner's share to the survivor. In Texas, co-owners create it through a written survivorship agreement.

Quick flashcard

What does Right of Survivorship mean on the Texas real estate exam?

Answer: A feature that passes a deceased co-owner's share to the survivor. In Texas, co-owners create it through a written survivorship agreement.

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Right of Survivorship definition

The right of survivorship means that when a co-owner dies, that owner's interest passes automatically to the surviving co-owners rather than to the deceased owner's heirs or estate. In Texas this right is not automatic from co-ownership; it must be established by a written survivorship agreement (Texas Estates Code Ch. 111-112).

Texas, a community-property state, does NOT recognize tenancy by the entireties (a spousal survivorship estate used in some other states). Texas spouses instead use a community-property-with-right-of-survivorship agreement. Tenancy in common does not include survivorship, so a deceased tenant in common's share passes to heirs or by will.

Source basis

Definition checked against the official sources below on .

On the exam

Survivorship sends the share to the surviving co-owners. In Texas it requires a written survivorship agreement; tenancy in common sends the share to heirs.

Exam trap

Texas does not recognize tenancy by the entireties, and survivorship is not automatic; it requires a written survivorship agreement. Tenancy in common has no survivorship.

Tested in

Ownership & Title (9 of 80 National)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.