Also known as: joint tenant with right of survivorship · joint tenants with right of survivorship · JTWROS · joint tenancy with right of survivorship · joint tenancy with rights of survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership of property in which each owner holds an undivided interest accompanied by a right of survivorship. Upon the death of one joint tenant the deceased owner's interest passes automatically by operation of law to the surviving joint tenant or tenants and therefore bypasses probate administration.
Jennifer Jackson and her husband held their residence as joint tenants with right of survivorship. While divorce proceedings were pending Jennifer executed a will leaving her interest in the house to a third party. Jennifer died before any divorce decree was entered. Title to the entire residence passed by operation of law to her surviving husband rather than through her will.
A testator left trust income to his six grandchildren as a class. One grandson died before the income distribution date leaving a daughter. Because members of a class gift are treated as joint tenants with rights of survivorship the remaining five grandchildren took the entire income share and the deceased grandson's daughter received nothing.
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When survival by 120 hours cannot be established by clear and convincing evidence each joint tenant is deemed to have predeceased the other. The property is divided equally with one half passing through each estate.
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No. A will cannot dispose of property held in joint tenancy with right of survivorship. Title passes by operation of law to the surviving joint tenant even if the will attempts to devise the interest to someone else.
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On the death of one joint tenant the property passes directly to the survivor outside of probate. This avoids the delays and costs of estate administration that would apply if the property passed under a will.
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Yes. In the absence of contrary intent expressed in the governing instrument members of a class gift are treated as joint tenants with rights of survivorship so that a deceased class member's share passes to the surviving class members rather than to the deceased member's heirs.
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…in the absence of a contrary intent expressed in the will or a controlling statute stating otherwise, members of a class are joint tenants with rights of survivorship. Old Colony Trust Co. v. Treadwell , 312 Mass. 214, 218 (1942). Meserve v. Haak , 191 Mass. 220, 223 (1906). See G. L. c. 191, § 22 (1986 ed.) (antilapse statute). This last stated…