How does joint tenancy with right of survivorship work in Texas?

In Texas, a joint owner’s interest does not pass to the surviving owners at death unless the joint owners agreed in writing that it would, and that agreement cannot be inferred from the mere fact that the property is held jointly. Without a written survivorship agreement, a deceased joint owner’s interest passes by will or intestacy as if it had been severed. Spouses may agree that all or part of their community property becomes the surviving spouse’s property, by a written agreement signed by both spouses; the phrase "with right of survivorship" is enough, though no particular phrase is required. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Tex. Est. Code §§ 101.002, 111.001, 112.051, 112.052.

WhatTexas
A deed to two or more peopleSurvivorship only by written agreement
What it meansSurvivorship only where a written agreement says so

Source

Tex. Est. Code §§ 101.002, 111.001, 112.051, 112.052

Read the statute in the Texas Statutes (Texas Legislature): statutes.capitol.texas.gov.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.

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