Right of Survivorship: What Happens to Jointly Owned Property
Right of survivorship means that when one co-owner of property dies, that owner's share passes automatically to the surviving owners instead of to heirs. Texas Law Help describes it this way, and Minnesota's courts add that the share is not part of the deceased person's estate.
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How it works
The arrangement is created in the way the property is titled. Texas Law Help says it is set up through a deed describing joint tenancy with right of survivorship, or a survivorship agreement, filed with the county clerk where the property is located. At death the share passes without probate, in contrast to a tenancy in common, where the share typically goes to the deceased owner's heirs through probate.
Paperwork after a death
Procedures differ by state and by type of asset. In California, the Alameda County Superior Court describes recording a certified death certificate and an affidavit of death of joint tenant with the county recorder for real property. For bank accounts, it says to take a certified death certificate to the bank. Texas Law Help does not say what to file after a co-owner dies and suggests consulting an attorney.
Frequently asked questions
Does a will override right of survivorship?
This is a legal question. Property held with survivorship generally passes outside the estate, so ask an attorney about your situation.
Is probate needed?
Not for the survivorship share, according to Texas Law Help and the Alameda court. Other assets may still need probate.
Where do I get a certified death certificate?
From the vital records office in the state where the death occurred.
Sources
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Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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