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

Sources

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Last verified: 2026-10-23