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019-12 Rights of Survivorship

Registration and Title Bulletin - #019-12

Date: May 29, 2012

To:

All County Tax Assessor-Collectors

Subject:

Rights of Survivorship

PURPOSE

To inform you of processing instructions when entering Rights of Survivorship information into the Registration and Title System (RTS).

DETAILS

With the RTS 6.10.0 release, county tax offices can now enter up to two names or select "Multiple Survivors," when there are more than two survivors, for individuals who enter into a Rights of Survivorship Agreement (ROS). Refer to the RTS 6.10.0 Release Notes for the details on the programming changes regarding entry of ROS information into RTS.

This new feature allows county personnel to view the name(s) of the survivors that are required to sign the Certificate of Title when an owner is deceased or when there is a change in ownership. In addition to the survivor(s) signature, any surviving owner(s) must also sign, if applicable. In certain ROS situations, it may still be necessary for counties to contact their local TxDMV Regional Service Center for assistance, such as to receive the name(s) of all parties in the ROS agreement if the Certificate of Title was issued prior to the implementation of the RTS 6.10.0 changes or when "Multiple Survivors" appears.

When "Multiple Survivors" (more than two survivors) is selected, the survivors' names do not appear in RTS, on the Title Application Receipt, or on the Certificate of Title. Instead, "Multiple Survivors" will be displayed or printed below the "Survivorship Rights" remark.

COUNTY ACTION

The following examples should be used as a guide when determining how to process the entry of a ROS agreement in RTS. Note: Policy regarding ROS agreements, the required documentation, completion of VTR forms and execution has not changed. (These examples apply regardless of marital status.)

When an application for Certificate of Title is presented and there are two owners who are entering into a ROS agreement with one another, counties should enter both names in the TTL010 screen. This is the only situation in which an owner's name would also be entered into the TTL010 screen to appear under the "Survivorship Rights" remark.

Example 1

  • Owner(s): John Doe, Jane Doe
  • Survivor(s): John Doe, Jane Doe
  • ROS Situation: John and Jane are assigning ROS to one another.
  • RTS Entry: John Doe and Jane Doe are entered on screen TTL007 and again on TTL010.

When an application for Certificate of Title is presented, counties should only enter the survivor name(s) listed on the ROS or check "Multiple Survivors" (if there are more than two survivors) on TTL010. Since the owner's name is already captured on the record (TTL007) there is no need to repeat it in the ROS agreement.

Example 2

  • Recorded Owner(s): John Doe
  • Survivor(s): Jane Doe
  • ROS Situation: John enters into ROS with Jane.
  • RTS Entry: John Doe is entered on TTL007. Jane Doe is entered on TTL010.

Example 3

  • Recorded Owner(s): John Doe, Jane Doe
  • Survivor(s): Jack Doe
  • ROS Situation: John enters into ROS with Jack.
  • RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe is entered on TTL010.

Example 4

  • Recorded Owner(s): John Doe, Jane Doe
  • Survivor(s): Jack Doe, Jim Doe
  • ROS Situation: John and Jane are entering into a ROS with Jack and Jim.
  • RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe and Jim Doe are entered on TTL010.

Example 5

  • Recorded Owner(s): John Doe, Jane Doe
  • Survivor(s): Jack Doe, Jim Doe
  • ROS Situation: John enters into ROS with Jack. Jane enters into ROS with Jim.
  • RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe and Jim Doe are entered on TTL010.

When Certificate of Title that includes a "Survivorship Rights" remark is presented:

  • Without survivor name(s) printed – counties should continue to contact their local TxDMV Regional Service Center to verify the survivor(s).
  • With survivor name(s) printed – counties can easily identify all recorded owners and survivors that are required to sign the Certificate of Title to process the transfer.
  • With "Multiple Survivors" printed – counties should contact their TxDMV Regional Service Center to verify the names of the survivors.

CONTACT

If you have any questions, please contact your local TxDMV Regional Service Center.

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