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
Exam trap
Tested in
Ownership & Title (9 of 80 National)
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