Detailed Answer — What to do when co-owners on a Texas joint-survivorship deed die
This explains, in plain language, how ownership of real estate held as joint tenants with right of survivorship (or as community property with right of survivorship) is handled in Texas, and the practical steps a surviving owner (or an interested person) should take to update public records so title is clear.
Key legal principle (short)
In Texas, when property is held with a right of survivorship, the surviving joint owner(s) automatically succeed to full ownership by operation of law when a co-owner dies. The death itself transfers legal title to the survivor(s). However, county records will still show the old deed until the surviving owner records documentation (usually a certified death certificate and an affidavit) that evidences the death and the survivorship. If the deed did not create a survivorship interest, the property generally passes through probate or other succession procedures.
Relevant Texas statutes and legal resources
- Texas Property Code — general provisions on conveyances and recorded instruments: https://statutes.capitol.texas.gov/ (select the Property Code for chapters on conveyances and recording).
- Texas Estates Code — probate and succession rules: https://statutes.capitol.texas.gov/ (select the Estates Code for probate procedures and affidavits).
- Texas Department of State Health Services — obtaining certified death certificates: https://www.dshs.texas.gov/vs/requests/default.shtm.
Step-by-step actions to re-record / update title records
- Get the deed and read it carefully. Find the recorded deed that shows how the owners took title. Look for words like “joint tenants with right of survivorship,” “with right of survivorship,” or “community property with right of survivorship.” If the deed expressly creates a survivorship estate, survivorship typically passes automatically when a co‑owner dies.
- Obtain certified death certificate(s). You will usually need a certified copy of the deceased co-owner’s death certificate to record with the county. Order these from Texas Vital Records: https://www.dshs.texas.gov/vs/requests/default.shtm.
- Decide whether to record an affidavit or a new deed.
- If the deed already created a right of survivorship: the simplest, most common step is for the surviving owner to prepare, notarize, and record an affidavit of survivorship (often called an “Affidavit of Survivorship” or “Affidavit of Death of Joint Tenant”). The affidavit states the deceased co‑owner’s death, cites the recorded deed, and declares that the survivor succeeded to title by survivorship. Record the affidavit with a certified death certificate attached.
- Some owners prefer to execute and record a new deed (a quitclaim or special warranty deed from the surviving owner(s) to themselves) to produce a single document that clearly shows sole ownership. A title company or lender may request this deed in some situations.
- Record the documents in the county where the property sits. Take the affidavit (or new deed) and the certified death certificate to the county clerk/recorder and pay the recording fee. County clerks each have slightly different clerical requirements (margins, number of pages, cover sheet, indexing names), so check the county clerk’s website or call ahead.
- Obtain a certified copy of the recorded affidavit or deed. After recording, get a recorded copy or confirmation so you have proof the public record reflects the survivorship transfer.
- Update title insurance, tax and mortgage records. Notify the county tax office, mortgage lender (if any), and the title insurance company of the change in ownership. The lender or title company may request additional documentation.
When you cannot use an affidavit (probate or other steps may be required)
- If the deed did not create a survivorship interest (for example, it called for tenants in common), the deceased owner’s share does not pass automatically and will generally pass under that owner’s will or by intestate succession. In that case, the property likely needs to be transferred through probate, probate alternatives, or by agreement of heirs.
- If multiple surviving owners dispute who holds title or how to handle the property, you may need a court proceeding (for example, probate, partition suit, or a declaratory judgment action).
- If a lender has a mortgage or there are liens, the lender may insist on a full probate or additional releases rather than accepting only an affidavit.
Documents you will commonly need
- Recorded copy of the deed that created the joint or survivorship ownership.
- Original or certified copy of the death certificate for the deceased co‑owner(s).
- Affidavit of Survivorship or a new deed signed by the surviving owner(s), notarized.
- Any probate orders or letters (if an estate was opened).
Practical examples (hypothetical)
Example A: Mary and John recorded a deed in Travis County that read, “John and Mary, joint tenants with right of survivorship.” John dies. Mary obtains a certified copy of John’s death certificate, signs an Affidavit of Survivorship (which cites the recorded deed and declares that she is now sole owner), gets it notarized, and records the affidavit and death certificate in the Travis County real property records. The county records now reflect Mary as sole owner.
Example B: Sam and Lee recorded a deed that said “Sam and Lee, tenants in common.” Lee dies without a survivorship clause. Lee’s share passes under Lee’s will or by intestacy. Sam cannot gain title by recording a death certificate. The estate must be probated or an appropriate transfer document executed by Lee’s heirs or personal representative.
When to talk to an attorney
Consider consulting a Texas real estate or probate attorney if:
- The deed’s language is unclear about survivorship.
- Multiple heirs or co‑owners disagree about the transfer.
- The title company, lender, or buyer requires a clearer chain of title than an affidavit provides.
- There are liens, mortgages, or tax issues complicating transfer.
Even when the law is straightforward, an attorney can draft the affidavit or deed to avoid problems and ensure county recording requirements are met.
Disclaimer
This article provides general information about Texas law and practical steps. It is not legal advice, and it does not create an attorney‑client relationship. For help tailored to your facts, consult a licensed Texas attorney.