property
right of survivorship
The right of survivorship is a feature of certain co-ownership forms under which, when one owner dies, that owner's interest automatically passes to the surviving co-owner or co-owners rather than to the deceased owner's heirs or through a will. It applies to joint tenancy and to tenancy by the entirety (where recognized). Because the interest passes by operation of law, it generally avoids probate for that property.
- Exam tip
- Tenancy in common has no right of survivorship; a tenant in common's share passes to heirs or by will. A will cannot defeat a joint tenant's right of survivorship.
- Example
- Three siblings own a cabin as joint tenants. When one dies, the other two each own one-half, and the deceased sibling's will has no effect on the cabin.
Related terms & state variants
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Last verified: 2026-10-23