As a resident of Texas, it is important to understand the legal term “right of survivorship.” This term refers to a legal agreement that is commonly used by couples who own property together. This agreement ensures that if one spouse passes away, the other spouse will automatically inherit the property without the need for probate.

A right of survivorship agreement can be used for any type of property, including real estate, bank accounts, and investments. This agreement is often used by couples who want to ensure that their assets are passed down to their spouse without the need for additional legal procedures.

In Texas, the right of survivorship is recognized under the state`s community property laws. This means that any property acquired by a married couple during their marriage is considered community property, and each spouse has an equal right to the property. If one spouse passes away, their share of the community property will pass to the surviving spouse through the right of survivorship agreement.

To create a right of survivorship agreement in Texas, both parties must agree to the terms of the agreement and sign a written document stating their intentions. This document should be filed with the county clerk`s office in the county where the property is located.

It is important to note that a right of survivorship agreement does not protect the property from the debts of the deceased spouse. If the deceased spouse had outstanding debts, their creditors may be able to make claims against the property.

In addition, a right of survivorship agreement does not override a will or trust. If a spouse has a will or trust that outlines their wishes for the distribution of their assets, those wishes will take precedence over the right of survivorship agreement.

In summary, a right of survivorship agreement is a legal document that can be used by married couples to ensure that their assets are passed down to their spouse without the need for probate. In Texas, this type of agreement is recognized under the state`s community property laws and must be signed by both parties and filed with the county clerk`s office. However, it is important to consult with an attorney to ensure that this agreement fits your specific needs and circumstances.