Two people hold a birdhouse between them. The birdhouse looks like a miniature house, with wooden roof tiles, a blue door, white windows, yellow window shutters, and purple flowers growing in windowsill planters. The entrance to the birdhouse is shaped like a heart and is centered above the blue door.

Right of Survivorship for Joint Tenants

Last Updated: April 04, 2025

Written by 

Beni McKort

Full Bio
LawDepot's Editorial Policy

Reviewed by 

Sarah Ure

Full Bio
LawDepot's Editorial Policy

|

Fact checked by 

Kyle Adam

Full Bio
LawDepot's Editorial Policy


Key Takeaways:

  • Joint tenants with the right of survivorship benefit from equal ownership and avoidance of probate.
  • In the event of one of the co-owner's deaths, the deceased's share of the property will automatically transfer to the surviving tenant.
  • Use a Survivorship Deed to establish the right of survivorship for joint tenants.

You may think there is only one way to own property with someone, but that’s not the case. When multiple people own property, multiple ownership options exist.
Joint tenancy is one popular ownership option. Joint tenants are property co-owners with equal and undivided ownership rights. This means they have equal proportions of ownership, such as half and half or one-third each.
Joint tenancy gives each person on the title an undivided interest in the entire property, meaning that each person is a 100% lifetime owner of the whole property. A joint tenant can sell or transfer their share without the consent of the other owners, but doing so would change the ownership structure to a tenancy in common.
Another key feature of joint tenants is the right of survivorship. We’ll dive into this concept in the next section.

What does "joint tenants with the right of survivorship" (JTWROS) mean?

Joint tenants hold equal rights and interests in a property. When a joint tenancy is established, it typically includes the right of survivorship, meaning that if one owner passes away, their share automatically transfers to the surviving owner—or owners.
Joint tenants can be anyone, such as married spouses, family members, parents and children, friends, business or life partners. No matter how joint tenants are related or know each other, they hold the right of survivorship.

A tenancy in common is effectively the opposite of joint tenants. Tenants in common can own unequal shares of a property and do not have the right of survivorship.

Probate is the legal process where a court must validate a deceased person's Will before the executor can distribute an estate. Jointly owned property bypasses probate, which can be long and drawn out. With the right of survivorship, surviving co-owners automatically acquire the property upon one another’s death.
Suppose a husband and wife purchase their first house with the right of survivorship. If the husband passes away, the property will automatically and fully transfer to his widow.

Requirements for joint tenancy

To create a joint tenancy agreement, you must meet four important conditions. The four unities must be in place to ensure a valid joint tenancy with the right of survivorship.
  1. Unity of time means all owners acquire the property at the same time.
  2. Unity of title means all owners receive ownership interest through the same deed or document.
  3. Unity of interest means each owner has an equal share.
  4. Unity of possession means all owners have the same right to use and possess the entire property.

Right of survivorship: Advantages and disadvantages

Advantages Disadvantages
Probate avoidance: Ownership automatically and seamlessly transitions upon one of the co-owner's deaths. Jointly held property is not caught up in the probate process, which can sometimes be time-consuming. Limited control: Equal ownership and decision-making with other co-owners can cause potential conflicts. Significant decisions often need to be agreed upon by all joint tenants.
Ease of transfer: Adding or removing joint tenants can be done simply by executing a new deed, and changing ownership is straightforward. Risk: Disagreements regarding the property can arise between joint tenants, such as whether or not to sell the property.

What type of property can the right of survivorship apply to?

The right of survivorship for joint tenants most commonly applies to the co-ownership of real estate property. It works for many types of real estate, including:
  • Apartments
  • Condos
  • Townhouses
  • Duplexes
  • Single-family homes
  • Farms
  • Acreages
  • Ranches
  • Land
  • Cabins
  • Lake houses
However, the right of survivorship can also be applied to joint bank accounts by default. In this case, if one of the joint account owners passes away, the surviving owner receives the financial property.

How do I add the right of survivorship to a deed?

There are multiple ways to apply the right of survivorship to a deed:
  1. You can include the right of survivorship for joint tenants when purchasing property for the first time. To ensure JTWROS on your title, you must include the right of survivorship specification on the deed by using the appropriate language, such as ‘joint tenants with right of survivorship,’ after your names.
  2. The right of survivorship can be added to an existing property title using LawDepot’s Survivorship Deed. Creating a Survivorship Deed protects each tenant and provides security for estate planning.

Can a joint tenant transfer their interest with a deed?

Joint tenants with the right of survivorship can transfer their ownership using a Survivorship Deed. Generally, all co-owners must agree to the changes and transfer of ownership to create a new deed.
Alternatively, property owners can use a Quitclaim Deed to transfer ownership. Quitclaim Deeds are also known as non-warranty deeds, as they don’t protect the recipient of the property or guarantee the transfer of ownership. Often, Quitclaim Deeds are best used for close, trusted individuals looking for a quick and straightforward process.

Alternative to the right of survivorship

Tenancy in common is the most frequent alternative to the right of survivorship for joint tenants.
With tenancy in common, each owner holds a separate and distinct portion of the shares of a property. Instead of equal ownership with joint tenancy, tenants in common can have an unequal share, such as 1% and 99%, or 25% and 75%. Business and real estate partners often use tenancy in common.
Tenants in common do not have the right of survivorship, so if one of the co-owners passes away, the property shares would not automatically transfer to the remaining owner(s). The deceased’s estate plan (such as a Will) or state laws outline how to transfer property ownership.
Tenancy in common gives individuals control to sell, transfer, or mortgage their share of the property without explicit consent from the other tenants. The share percentage of the properties between each tenant in common can be flexible.

Does the right of survivorship override a Will?

Generally, the right of survivorship can override what is stated in a Will, as JTWROS automatically applies if a co-owner of property dies. A Last Will and Testament has to go through probate, whereas a joint tenancy with the right of survivorship does not.
A Last Will and Testament outlines how to distribute your remaining assets after death. A Last Will and Testament is necessary to create alongside a joint tenancy agreement with the right of survivorship to fulfill your final wishes for who receives your remaining property.

Can you challenge the right of survivorship?

Yes, you can challenge the right of survivorship if the joint tenancy was or is:
  • Created fraudulently or under undue influence, e.g., coercion
  • Written while one or both of the co-owners was mentally incapacitated
  • Improperly documented or had unclear or improper proof of the right of survivorship
  • In conflict with a surviving Will or trust
A person seeking to challenge the right of survivorship must file a lawsuit and prove one of the above conditions in court.

Breaking off the right of survivorship:

If joint tenants sever their right to survivorship through mutual agreement or other means, the ownership structure changes to tenancy in common.
You can nullify the right of survivorship by partition, conveyance, or agreement from both parties. Also, if all joint tenants die simultaneously, the right of survivorship no longer applies, and the property will be distributed according to probate proceedings or state intestacy laws.