The Bank on It: A Guide to Right of Survivorship Agreements (PODs) for Texas Bank Accounts

In Texas, a right of survivorship agreement (also known as a payable on death (POD) agreement) is a legal document that is used to specify how ownership of a bank account should be transferred upon the death of one of the account holders. A right of survivorship agreement can be a useful tool for estate planning, as it allows you to specify who you want to inherit your bank account assets without the need for probate.

  1. How does a right of survivorship agreement work in Texas? In Texas, a right of survivorship agreement allows you to specify one or more individuals (called “beneficiaries”) who will inherit the assets in your bank account upon your death. The beneficiaries have no ownership rights to the account while you are alive, but they will automatically become the owners of the account upon your death.
  2. How do I create a right of survivorship agreement in Texas? To create a right of survivorship agreement in Texas, you will need to:
  • Contact your bank: Most banks will have a form that you can use to create a right of survivorship agreement. You will need to complete this form and return it to the bank.
  • Specify the beneficiaries: You will need to specify one or more individuals who will inherit the assets in your bank account upon your death.
  • Sign the form: You will need to sign the form in the presence of a notary public.
  • Return the form to the bank: Once the form has been completed and signed, you will need to return it to the bank. The bank will then update your account records to reflect the right of survivorship agreement.
  1. What are the benefits of a right of survivorship agreement in Texas? There are several benefits to using a right of survivorship agreement in Texas:
  • Simplicity: A right of survivorship agreement is a simple and straightforward way to transfer ownership of a bank account upon your death.
  • Avoidance of probate: A right of survivorship agreement allows you to transfer ownership of your bank account assets without the need for probate, which can save time and money.
  • Flexibility: You can specify any individual or individuals as the beneficiaries of your bank account, regardless of their relationship to you.
  • Control: With a right of survivorship agreement, you have control over who will inherit your bank account assets upon your death.
  1. What are the limitations of a right of survivorship agreement in Texas? It is important to note that a right of survivorship agreement only applies to assets in a bank account, and not to other types of property. In addition, a right of survivorship agreement cannot be used to transfer ownership of property that is subject to a mortgage or other lien.

In conclusion, a right of survivorship agreement (also known as a payable on death (POD) agreement) is a legal document that is used to specify how ownership of a bank account should be transferred upon the death of one of the account holders in Texas. A right of survivorship agreement allows you to specify one or more individuals who will inherit the assets in your bank account upon your death, and it can be a useful tool for estate planning as it allows you to transfer ownership of your bank account assets without the need for probate. A right of survivorship agreement is a simple and straightforward way to transfer ownership of a bank account, and it provides flexibility and control over who will inherit your bank account assets upon your death. However, it is important to note that a right of survivorship agreement only applies to assets in a bank account, and not to other types of property. In addition, a right of survivorship agreement cannot be used to transfer ownership of property that is subject to a mortgage or other lien.