From Texas

This is from the Texas Code “PROBATE CODE CHAPTER XI. NONTESTAMENTARY TRANSFERS”

There is a survivorship agreement that provides that the surviving spouse inherits everything.  The purpose is to bypass probate court.  Lawyers don’t like it because they don’t make money.

My brother-in-law had this agreement.  When he died his wife got everything without going to court.

PART 3. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

Sec. 451. RIGHT OF SURVIVORSHIP.  At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse.

Added by Acts 1989, 71st Leg., ch. 655, Sec. 2, eff. Aug. 28, 1989.

Sec. 452. FORMALITIES.  An agreement between spouses creating a right of survivorship in community property must be in writing and signed by both spouses. If an agreement in writing is signed by both spouses, the agreement shall be sufficient to create a right of survivorship in the community property described in the agreement if it includes any of the following phrases:

(1) “with right of survivorship”;

(2) “will become the property of the survivor”;

(3) “will vest in and belong to the surviving spouse”; or

(4) “shall pass to the surviving spouse.”

An agreement that otherwise meets the requirements of this part, however, shall be effective without including any of those phrases.

Added by Acts 1989, 71st Leg., ch. 655, Sec. 2, eff. Aug. 28, 1989.

Sec. 453. OWNERSHIP AND MANAGEMENT DURING MARRIAGE.  Property subject to an agreement between spouses creating a right of survivorship in community property remains community property during the marriage of the spouses. Such an agreement does not affect the rights of the spouses concerning management, control, and disposition of the property subject to the agreement unless the agreement provides otherwise.

Added by Acts 1989, 71st Leg., ch. 655, Sec. 2, eff. Aug. 28, 1989.

Sec. 454. TRANSFERS NONTESTAMENTARY.  Transfers at death resulting from agreements made in accordance with this part of this code are effective by reason of the agreement involved and are not testamentary transfers. Such transfers are not subject to the provisions of this code applicable to testamentary transfers except as expressly provided otherwise in this code.

Added by Acts 1989, 71st Leg., ch. 655, Sec. 2, eff. Aug. 28, 1989.

Sec. 455. REVOCATION.  An agreement between spouses made in accordance with this part of this code may be revoked in accordance with the terms of the agreement. If the agreement does not provide a method for revocation, the agreement may be revoked by a written instrument signed by both spouses or by a written instrument signed by one spouse and delivered to the other spouse. The agreement may be revoked with respect to specific property subject to the agreement by the disposition of such property by one or both of the spouses if such disposition is not inconsistent with specific terms of the agreement and applicable law.

Added by Acts 1989, 71st Leg., ch. 655, Sec. 2, eff. Aug. 28, 1989.

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