Right of Survivorship
The feature by which a deceased co-owner's share passes automatically to the surviving co-owners. In Texas it must be created by a written survivorship agreement.
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.
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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.