Also known as: survive · survives · survived · surviving · survivor · survivors · right of survivorship · survivorship rights
Written by attorneys · grounded in primary & secondary sources — see below
A right incident to joint tenancy or tenancy by the entirety under which the interest of a deceased co-owner passes automatically to the surviving co-owner or co-owners by operation of law rather than through probate or a will.
Stephen Shaw and Skylar Sullivan held Blackacre as joint tenants with right of survivorship. After closing on a sale of the property, Stephen discovered that the seller had concealed a structural defect. Stephen's fraud claim proceeded because the independent fraud claim arising from the original contract was not merged into the deed that transferred the survivorship interest.
Sophia Singh and Scott Summers purchased a vacation home as joint tenants with right of survivorship. After Scott's death, Sophia filed suit to quiet title. Her complaint alleged specific facts showing the joint tenancy and automatic passage of the entire interest, satisfying the plausibility standard and surviving a motion to dismiss.
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Simon Stern funded a revocable trust holding investment property titled in joint tenancy with right of survivorship with his spouse. After Simon's death, creditors of his estate sought to reach the property. The surviving spouse took full title by survivorship, but the trust assets remained subject to claims to the extent the probate estate was inadequate.
Spectrum Financial and Skyline Construction merged under a plan that designated Spectrum as the survivor. Real property previously held by Skyline in joint tenancy with right of survivorship passed to Spectrum. The surviving corporation took full title by operation of law without further conveyance because the merger vested all interests in the survivor entity.
Santiago Sanchez died intestate owning a residence in joint tenancy with right of survivorship with his spouse. The surviving spouse took the entire property by survivorship. No portion passed through intestacy, so the statutory share rules did not apply to that asset.
Sophia Singh and Scott Summers held their residence as joint tenants with right of survivorship. After their divorce the tenancy was severed into a tenancy in common. Each former spouse's undivided interest then passed through that spouse's own estate rather than by survivorship.
No. Property held in joint tenancy with right of survivorship passes automatically to the surviving joint tenant by operation of law. A will has no effect on such nonprobate property.
If the joint tenancy is not severed, the deceased joint tenant's interest extinguishes upon death. The surviving joint tenants take the property free of the lease, rendering the lease unenforceable against them.
Yes. Divorce severs the joint tenancy with right of survivorship and converts the interests into a tenancy in common. Each former spouse then owns an undivided half interest that passes through their own estate.
Yes. After the settlor's death, creditors may reach trust property that was revocable at death to the extent the probate estate is inadequate, even though survivorship rights may apply to some assets.
In a statutory merger, all property interests vest in the surviving entity by operation of law. Joint tenancy survivorship rights in assets held by a merging corporation are extinguished and the survivor takes full title.
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