A characteristic of joint tenancy whereby, upon the death of one joint tenant, that person's interest in the property automatically passes to the surviving joint tenant(s) by operation of law, outside of probate and regardless of will provisions. The right of survivorship takes precedence over testamentary dispositions.
Right of survivorship means when one owner of jointly-held property dies, the survivor automatically becomes the sole owner. It doesn't matter what the deceased person's will says—the property goes directly to the surviving joint owner, bypassing probate entirely.
⏱ When you'll encounter this term
- Joint bank accounts between spouses
- Property owned by couples as joint tenants
- Planning to avoid probate for certain assets
- Understanding why jointly-owned assets don't go through will
"Mum and Dad owned their house as joint tenants with right of survivorship. When Dad died, Mum automatically became the sole owner without probate. Even though Dad's will said different things about other property, the house went to Mum by operation of law."
⚖️ Compare: Right of Survivorship vs Tenancy in Common
Automatic transfer to survivor(s). Bypasses probate and will. Property cannot be left to others through will.
Each owner's share passes through their will. Goes through probate. Can leave share to anyone.
💡 Why this matters
Right of survivorship overrides your will completely. Many people add joint owners to property for convenience without realizing this means those assets will bypass their will and go directly to the surviving owner—potentially disinheriting children or other intended beneficiaries.
Understanding right of survivorship helps you use it intentionally rather than accidentally changing who inherits.
⚠️ Common mistakes
- Adding someone to property title for convenience without realizing you're giving them automatic inheritance rights
- Assuming your will controls jointly-owned property—right of survivorship takes precedence
- In blended families, using joint tenancy that accidentally disinherits children from first marriages
- Not understanding that the last surviving joint owner's will controls final distribution, which may not match your wishes
💡 Did you know?
Right of survivorship can create problems in blended families—if you add a new spouse to your house title as a joint tenant, your children from a previous marriage won't inherit that property when you die, even if your will says they should.