TX property owners, avoid probate proceedings with respect to your community property with this Texas Community Property Survivorship Agreement.
- The agreement is between two spouses, pursuant to the Texas Probate Code XI(3), section 451.
- Upon the death of a spouse, title to all community property held by the spouses will immediately vest in the surviving spouse.
- The agreement automatically terminates if the marriage ends.
- As long as both spouses are alive, the property remains community property.
- The agreement revokes all prior community property agreements.
- The agreement must be filed in the county records in order to take effect.
This Texas Community Property Survivorship Agreement is provided in MS Word format and is easy to edit and print.
COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT THIS AGREEMENT made this _____ day of ______________, _______. BETWEEN: [NAME OF HUSBAND] [address] (“Husband”) - and - [NAME OF WIFE] [address] (“Wife”) WHEREAS, Husband and Wife have acquired certain community property within the State of Texas and do hereby wish to avail themselves of the provisions of the Texas Probate Code XI(3), §451. AND WHEREAS, Husband and Wife hereby agree to the following terms and conditions: 1. All or part of Husband and Wife’s community property, now existing or hereafter acquired, whether real, personal, or mixed, shall become the property of the surviving spouse upon the death of either spouse, without the need for any probate proceeding with regards to such property. 2. If Husband predeceases Wife, title to all community real property shall be immediately vested in Wife in fee simple. This provision shall exclude any items listed on a separate memorandum which is kept with Husband’s will and which is intended for disposition of tangible personal property upon his death. 3. If Wife predeceases Husband, title to all community real property shall be immediately vested in Husband in fee simple. This provision shall exclude any items listed on a separate memorandum which is kept with Wife’s will and which is intended for the disposition of tangible personal property upon her death. 4. Upon commencement of a dissolution of marriage action or separate maintenance action, this Agreement shall be automatically terminated or rescinded. If a dissolution or separation proceeding is in process at the time of death of either party, this Agreement shall be null, void, and of no effect.
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