Do I need to include assets that passed by right of survivorship to my mother on the inventory?

Short answer: In Texas, assets that pass automatically to a surviving owner by right of survivorship (for example, joint tenancy with right of survivorship, community property with right of survivorship, payable‑on‑death (POD) or transfer‑on‑death (TOD) accounts, life insurance with a named beneficiary, and retirement accounts with a designated beneficiary) generally pass outside probate and are not part of the decedent’s probate estate. Because they are nonprobate assets, you normally do not include them on the probate inventory submitted to the court. However, there are important exceptions and practical steps you should take before relying on that rule.

Why these assets usually aren’t included

Texas recognizes several methods for property to transfer at death without going through probate. If title or contract language gives a surviving person a right of survivorship, the property automatically belongs to that person the moment the decedent dies. The probate inventory is intended to list assets that are part of the decedent’s probate estate — property that the personal representative (executor or administrator) will control and that may be used to pay creditors or be distributed under the will or intestacy rules. Nonprobate assets do not belong to the probate estate, so they normally are not listed on the estate inventory.

Common examples of nonprobate (survivorship) assets

• Joint bank or investment accounts titled “J. Smith and M. Smith, with right of survivorship”
• Real property titled as joint tenants with right of survivorship or as community property with right of survivorship
• POD or TOD bank and brokerage accounts
• Life insurance proceeds payable to a named beneficiary
• 401(k)s, IRAs, and other retirement accounts with a designated beneficiary
• Transferable on death deeds (when valid under Texas law)

When you might still need to disclose or list survivorship assets

Even though survivorship assets usually fall outside probate, you should be aware of situations where you may need to identify or produce information about them to the court or to others:

• Disputed title or competing claims. If someone contests whether a survivorship right exists, the court may require an accounting or may require the asset to be brought into the probate estate until the dispute is resolved.
• Fraudulent transfer or creditor claims. Creditors or the estate may assert that property was transferred to avoid creditors. In such cases, a court can reach or unwind transfers in limited circumstances.
• Dependent administration vs. independent administration. Courts have different procedural rules for dependent (supervised) administration versus independent administration. Under some proceedings the court expects more disclosure; check the local rules and the specific inventory requirements for the type of administration involved.
• Estate tax or other reporting requirements. Nonprobate transfers may still matter for tax or other statutory reporting even if not on the probate inventory.

Practical steps to take as the person handling the estate

1. Read title and beneficiary language. Look at deeds, bank statements, account agreements, life insurance policies, and retirement plan beneficiary forms. Confirm whether they name a survivorship owner or a beneficiary.
2. Gather documentation. Obtain copies of deeds, account statements, beneficiary designations, and death certificates. Institutions will normally require a certified death certificate before transferring assets.
3. Check local court rules and the probate paperwork. The court’s inventory form or local rules may ask you to list only probate assets. If you are unsure, call the probate clerk’s office or review the applicable statutes and forms at the Texas statutes site: https://statutes.capitol.texas.gov/ and the county probate court information pages.
4. When in doubt, disclose to the court or your attorney. If there is any ambiguity about whether an asset is probate or nonprobate, note it in your filings or ask the court how to proceed. A brief explanation to the court can avoid later disputes.
5. Protect the estate from creditor issues. If you suspect a transfer was made to avoid creditors, speak with an attorney; creditors sometimes can pursue avoidance remedies.

How to treat specific common situations

Below are typical scenarios and the usual Texas practice:

• Joint bank account with right of survivorship: The surviving co‑owner generally becomes the sole owner at death. That account is generally not part of the probate inventory. The bank may require a death certificate and ID to retitle the account.
• POD or TOD account: The named beneficiary receives the funds on presentation of a death certificate. The account is usually outside probate and not listed on the estate inventory.
• Life insurance/retirement accounts with beneficiary designation: These pass to the named beneficiary outside probate and are normally not listed in the probate inventory.
• Real property titled incorrectly or ambiguously: If a deed lacks clear survivorship language, or lists parties without specifying tenancy with right of survivorship, the property may be considered a probate asset until title is resolved.

Where to look in Texas law

Texas statutes and court rules do not change the basic concept that property titled to pass automatically at death is not part of the probate estate. For official Texas statutes, start at the Texas statutes website: https://statutes.capitol.texas.gov/. For practical probate forms and local procedures, consult the probate court clerk in the county where probate is filed or the Texas Judicial Branch materials at https://www.txcourts.gov/ (search “probate”).

When to get legal help

If:

• title language is ambiguous;
• someone contests ownership or alleges fraud;
• you face complex creditor claims; or
• you are unsure whether you should list a particular asset on an inventory or file a formal accounting —

— talk to a Texas probate attorney. An attorney can review documents, advise whether an item is probate property, and help you file correct paperwork with the probate court.

Helpful Hints

• Do not assume: confirm whether property is titled with right of survivorship or has a beneficiary designation.
• Keep a copy of any beneficiary designation and the account or deed language that creates survivorship rights.
• Provide certified copies of the death certificate to banks and insurers to claim nonprobate assets.
• If the inventory form asks for all assets you know about, you can mark nonprobate assets as “nonprobate – passes outside probate” to avoid confusion.
• If multiple heirs disagree about nonprobate transfers, ask the court for guidance before acting.
• Remember that avoiding probate does not always avoid all legal scrutiny — transfers can be challenged in limited circumstances.