Tex. Est. Code § 113.151 · Subchapter D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Sums remaining on deposit on the death of a party to a joint account belong to the surviving party or parties against the estate of the deceased party if the interest of the deceased party is made to survive to the surviving party or parties by a written agreement signed by the party who dies.
(b) Notwithstanding any other law, an agreement is sufficient under this section to confer an absolute right of survivorship on parties to a joint account if the agreement contains a statement substantially similar to the following: "On the death of one party to a joint account, all sums in the account on the date of the death vest in and belong to the surviving party as his or her separate property and estate."
(c) A survivorship agreement may not be inferred from the mere fact that the account is a joint account or that the account is designated as JT TEN, Joint Tenancy, or joint, or with other similar language.
(d) If there are two or more surviving parties to a joint account that is subject to a right of survivorship agreement:
(1) during the parties' lifetimes respective ownerships are in proportion to the parties' previous ownership interests under Sections 113.102, 113.103, and 113.104, as applicable, augmented by an equal share for each survivor of any interest a deceased party owned in the account immediately before that party's death; and
(2) the right of survivorship continues between the surviving parties if a written agreement signed by a party who dies provides for that continuation.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.09, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.113.htm
- Text hash
- sha256 1b2411d9beb96152556ebfde8fe461026b779e673888c711e56936e666b9a423
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code § 113.102OWNERSHIP OF JOINT ACCOUNT DURING PARTIES' LIFETIMES.Printed as Sections 113.102, 113.103, and 113.104
- Tex. Est. Code § 113.103OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL PAYEE'S LIFETIME.Printed as Sections 113.102, 113.103, and 113.104
- Tex. Est. Code § 113.104OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S LIFETIME.Printed as Sections 113.102, 113.103, and 113.104
Cited by 7 provisions
Provisions in this library whose text cites Tex. Est. Code § 113.151. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 113.155EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS WITHOUT RIGHTS OF SURVIVORSHIP.Printed as Sections 113.151, 113.152, and 113.153
- Tex. Est. Code § 113.156APPLICABILITY OF CERTAIN PROVISIONS ON DEATH OF PARTY.Printed as Sections 113.151, 113.152, 113.153, and 113.155
- Tex. Est. Code § 113.158NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS.Printed as Sections 113.151, 113.152, 113.153, and 113.155
- Tex. Est. Code § 113.203PAYMENT OF JOINT ACCOUNT.Printed as Sections 113.151, 113.152, 113.153, and 113.155
- Tex. Est. Code § 113.207LIABILITY FOR PAYMENT FROM JOINT ACCOUNT AFTER DEATH.Printed as Section 113.151
- Tex. Est. Code § 123.151DESIGNATION OF FORMER SPOUSE OR RELATIVE OF FORMER SPOUSE ON CERTAIN MULTIPLE-PARTY ACCOUNTS.Printed as Section 113.151
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.