(a) The department shall include on each title an optional rights of survivorship agreement that:
(1) provides that if the agreement is between two or more eligible persons, the motor vehicle will be owned by the surviving owners when one or more of the owners die; and
(2) provides for the acknowledgment by signature, either electronically or by hand, of the persons.
(b) If the vehicle is registered in the name of one or more of the persons who acknowledged the agreement, the title may contain a:
(1) rights of survivorship agreement acknowledged by all the persons; or
(2) remark if a rights of survivorship agreement is on file with the department.

Terms Used In Texas Transportation Code 501.031

  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011

(c) Ownership of the vehicle may be transferred only:
(1) by all the persons acting jointly, if all the persons are alive; or
(2) on the death of one of the persons, by the surviving person or persons by transferring ownership of the vehicle, in the manner otherwise required by law, with a copy of the death certificate of the deceased person.
(d) A rights of survivorship agreement under this section may be revoked only if the persons named in the agreement file a joint application for a new title in the name of the person or persons designated in the application.
(e) A person is eligible to file a rights of survivorship agreement under this section if the person:
(1) is married and the spouse of the person is the only other party to the agreement;
(2) is unmarried and attests to that unmarried status by affidavit; or
(3) is married and provides the department with an affidavit from the person’s spouse that attests that the person’s interest in the vehicle is the person’s separate property.
(f) The department may develop an optional electronic rights of survivorship agreement for public use.

  Previous section
Next section  
 Subchapter B Contents