RIGHT OF SURVIVORSHIP
Back to GlossaryDefinition
The right of a joint tenant (but not a tenant in common) to take the whole of the jointly held property if he survives the other joint tenant(s)
Summary
Right of survivorship is a key feature that distinguishes joint tenancy from other forms of property ownership. When two or more people own property as joint tenants, each person has an equal, undivided interest in the entire property. If one joint tenant dies, their share automatically transfers to the surviving joint tenant(s) without going through probate court. This happens by operation of law, not through a will or inheritance. Importantly, this right does NOT exist for tenants in common - when a tenant in common dies, their share passes to their heirs or beneficiaries according to their will or state law.
Usage Context
Understanding right of survivorship is crucial when studying different types of concurrent ownership, estate planning, probate avoidance strategies, and the legal consequences of how property is titled. This concept is essential for distinguishing between joint tenancy and tenancy in common.
Common Confusions
- Thinking that right of survivorship applies to all forms of co-ownership (it doesn't apply to tenancy in common)
- Believing that a will can override right of survivorship (it cannot)
- Confusing joint tenancy with tenancy in common regarding inheritance rights
- Assuming that right of survivorship can be partially waived or modified
- Thinking that creditors can claim the deceased's 'share' in joint tenancy property
