Nothing is inferred from joint titling — ever
Texas takes an unusually consistent, strict approach across every kind of asset: survivorship is never inferred from the mere fact that something is jointly owned. For real estate between people who aren't married, Estates Code § 111.001 requires a separate signed written agreement — even a deed labeled "joint tenants with right of survivorship" isn't enough on its own under current law. See our full breakdown of Texas joint property and community property rules, including a surprising piece of history: joint tenancy with survivorship between spouses was constitutionally impossible before 1987.
Community property needs its own agreement too
Texas is a community property state, but ordinary community property has no automatic survivorship. A deceased spouse's half can still go through probate unless the couple signed a Community Property Survivorship Agreement under § 112.051 — a separate document from the deed itself.
A transfer on death deed, since 2015
Texas also offers the Texas Real Property Transfer on Death Act, Estates Code Chapter 114, enacted in 2015. An owner can record a deed naming a beneficiary who receives real estate automatically at death — but it doesn't override the surviving spouse's homestead rights under the Texas Constitution. See our full guide to the Texas TOD deed.
Bank accounts follow the same strict rule
Under § 113.151, a survivorship agreement for a joint bank account can't be inferred from the account simply being labeled joint, JT TEN, or similar — it takes a written agreement signed by the party who dies. See our guide to Texas beneficiary and P.O.D. accounts, including a real Texas Supreme Court case on exactly this point.
Where this feeds into other Texas calculators
The probate-estate total from this tool is the starting point for Texas's probate cost and executor fee calculators, and for checking Texas's small estate affidavit. Texas has no state estate or inheritance tax, so this total doesn't feed into a separate state tax calculation.