Smith County Community Property Survivorship Agreement Form

Last validated September 28, 2026 by our Forms Development Team

Formatted for recording in Smith County, for property anywhere in the county: rural and unincorporated areas as well as Arp, Bullard, Flint, Lindale, Troup, Tyler, Whitehouse, Winona.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

Smith County Community Property Survivorship Agreement Form

Smith County Community Property Survivorship Agreement Form

Fill in the blank Community Property Survivorship Agreement form formatted to comply with all Texas recording and content requirements.

Document last validated 7/21/2026
Smith County Community Property Survivorship Agreement Guide

Smith County Community Property Survivorship Agreement Guide

Line by line guide explaining every blank on the Community Property Survivorship Agreement form.

Document last validated 9/28/2026
Smith County Completed Example of the Community Property Survivorship Agreement Document

Smith County Completed Example of the Community Property Survivorship Agreement Document

Example of a properly completed Texas Community Property Survivorship Agreement document for reference.

Document last validated 8/7/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Smith County Clerk

Address:
200 East Ferguson St, Suite 300
Tyler, Texas 75702

Hours: 8:00am - 4:45pm M-F

Phone: (903) 590-4670

Recording Tips for Smith County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Ask about their eRecording option for future transactions
  • Avoid the last business day of the month when possible
  • Both spouses typically need to sign if property is jointly owned

Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

  • Arp
  • Bullard
  • Flint
  • Lindale
  • Troup
  • Tyler
  • Whitehouse
  • Winona

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Smith County

How do I get my forms?

Forms are available for immediate download after payment. The Smith County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Smith County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Smith County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Smith County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Smith County?

Recording fees in Smith County vary. Contact the recorder's office at (903) 590-4670 for current fees.

Questions answered? Let's get started!

Texas community property does not automatically pass to the surviving spouse. Without survivorship language of record, the deceased spouse's half passes by will or intestacy, and some form of probate usually follows. This form prepares the instrument that changes that outcome for a specific piece of real estate: a community property survivorship agreement under Chapter 112 of the Texas Estates Code.

What the Agreement Does

Both spouses agree in writing that the described property, their community property, is held with right of survivorship. At the first death, the deceased spouse's interest passes to and vests in the surviving spouse, and the whole property becomes the survivor's, by force of the agreement and outside probate. Section 112.053 confirms that an agreement satisfying the chapter is effective and enforceable without any court adjudication, and the chapter makes transfers under it nontestamentary.

This took a constitutional amendment to make possible. Texas added the survivorship option to Article XVI, Section 15 in 1987 so spouses could have automatic survivorship without leaving the community property system, and Chapter 112 now supplies the rules. Section 112.052 requires a writing signed by both spouses and lists the phrases that make the intent unmistakable; this form uses them, providing that the property shall pass to and vest in the surviving spouse and will become the property of the survivor.

Effective When Signed, Recorded for Protection

The agreement is effective between the spouses the moment both have signed. Recording serves a different purpose: the Estates Code protects purchasers and other third parties who deal with the property without notice of the agreement, and recording in the county where the property is located supplies that notice. A recorded agreement with a death certificate is also what a title company ordinarily reviews when the surviving spouse later sells or refinances. The form carries notary certificates for both spouses so it is ready for the county records.

Covering the Second Death

The agreement carries the property to the surviving spouse and stops there. Many couples pair it with a transfer on death deed that names who takes at the second death, so the property passes to the survivor and then to the children or other beneficiaries entirely outside probate.

What Is Included

  • The blank form as a fillable PDF, completed on screen or printed and completed by hand
  • A plain language guide that walks through every numbered section: what each blank asks, where the information comes from, and what a correct entry looks like
  • A completed example showing the entire document filled in for a realistic Texas fact pattern

The document is formatted for Texas recording standards: letter size pages within the dimensions of Local Government Code Section 191.007, body text well above the 8 point minimum, the notice of confidentiality rights required by Property Code Section 11.008 in 12 point boldfaced capitals at the top of the first page, and reserved space on page one for the county clerk's recording stamp. A non-recorded instructions page, removed before recording, describes how an entry that outgrows its space continues on a recorded exhibit page, so the printed instrument stays free of worksheet style captions.

Related Texas Forms

The Texas Transfer on Death Deed (Community Property with Right of Survivorship) is the companion deed for the second death. The arrangement is ended with the Texas Revocation of Community Property Survivorship Agreement.

Important: Your property must be located in Smith County to use these forms. Documents should be recorded at the county recording office listed above.

This Community Property Survivorship Agreement meets all recording requirements specific to Smith County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Smith County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Smith County Community Property Survivorship Agreement form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4,811 Reviews )

Frank W. 5 out of 5 stars

would be nice to be able to see what I am purchasing before I paid

Reply from Staff

Thank you!

Dan L. 4 out of 5 stars

The only suggestion I have is to include sample of putting quitclaim into a revocable trust.

Reply from Staff

Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.

Clifford B. 5 out of 5 stars

I appreciate the formatting to match the expectations of the specific Registry of Deeds that I will be filing with. That is very helpful. In my case the easement is for septic disposal field and sample wording for different purposes would be helpful.

Reply from Staff

Thank you!

karen w. 5 out of 5 stars

outstanding forms and information. stay safe and healthy everyone.

Reply from Staff

Thank you Karen, you do the same please.

Elizabeth P. 5 out of 5 stars

Perfect quitclaim form. Easy to fill in with the required information and all the required information has a place (no easy feat in our county!). It is helpful that they include exhibit pages for larger blocks of information (our legal is 2 pages long). Great job folks!

Reply from Staff

Thank you for the kind words Elizabeth. Have an amazing day!

Karen F. 5 out of 5 stars

Very easy to understand instructions. I was able to order, download and print.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kathryn C. 5 out of 5 stars

The process to get my needed documents worked easily. I was pleased how quickly I was able to access the documents.

Reply from Staff

Your positive feedback is a testament to our efforts, and it truly made our day. We are committed to keeping up this level of service and making your future interactions with us equally, if not more, pleasing.

Thank you once again for taking the time to share your positive experience. We look forward to serving you again soon!

Joyce B. 5 out of 5 stars

Very easy to purchase and download.

Reply from Staff

Thank you!

CHRISTINE M. 5 out of 5 stars

It was all I needed and guided me to fill it out.

Reply from Staff

Thank you!

Teresa R. 5 out of 5 stars

Zero problems, ended up with quality documents. Will use again.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

William T. 5 out of 5 stars

Very informative and user friendly. Thank you.

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

Richard E. 3 out of 5 stars

The QuitClaim deed does not provide enough space in the Grantor block at the top of the first page. In fact, all blocks should provide more space.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

David O. 5 out of 5 stars

I had overwhelming emotions taking my deceased wife's name off my condo, so it took me a year to steel myself to submit the form. I filed in Multnomah county, OR which also requires a cover sheet documented here: https://www.multco.us/recording/recording-requirements But, I'm totally happy with the service and quality from Deeds.com getting me what I needed to get this done.

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

Tanya H. 5 out of 5 stars

Could not be happier with deeds.com forms. The guide helped more than one can imagine, great resource.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Sheryl B. 5 out of 5 stars

Great forms. Just what I needed.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!