Also known as: joint tenant with right of survivorship · joint tenants with right of survivorship · JTWROS · joint tenancy with right of survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership of property by two or more persons in which each holds an undivided interest. Upon the death of one owner the interest passes automatically by operation of law to the surviving owner or owners rather than through probate.
Justin Jarvis and Julia Jensen, a married couple, held their home as joint tenants with right of survivorship. Justin executed a will leaving his share of the home to a friend. Justin died while still married to Julia and before any divorce decree severed the tenancy. Title to the entire home passed directly to Julia by operation of law.
Javier Jimenez and Jada Jones owned shares in a family business as joint tenants with right of survivorship. Both died in the same accident. No clear and convincing evidence established that either survived the other by 120 hours. Each estate therefore received an undivided half interest in the shares.
Select any source to read its text and confirm it supports the definition.
The deceased owner's interest passes automatically to the surviving owner or owners by operation of law. The property does not enter probate.
Supporting sources
No. A will cannot dispose of property held in joint tenancy with right of survivorship. Title passes directly to the survivor regardless of any testamentary provision.
Supporting sources
Under the 120-hour survival rule, if neither co-owner can be shown by clear and convincing evidence to have survived the other by 120 hours, each is deemed to have predeceased the other. The property is divided equally between the two estates.
Supporting sources
Yes. A person who feloniously and intentionally kills a co-owner forfeits the survivorship interest. The interest is treated as severed and passes through the victim's estate as if the killer had disclaimed.
Supporting sources
Divorce severs the right of survivorship by operation of law. Each former spouse holds an undivided half interest as a tenant in common unless a court order or agreement provides otherwise.
Supporting sources
…a trust of real estate or leasehold estate in real estate subject to an encumbrance, is specifically bequeathed or passes by joint tenancy with right of survivorship or by the terms of a trust agreement or other nontestamentary instrument, the legatee, surviving tenant or beneficiary to whom the real estate, leasehold estate or beneficial interest is…