Also known as: joint tenant with right of survivorship · joint tenants with rights of survivorship · JTWROS · joint tenancy with right of survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership in which two or more persons hold undivided interests in the same property. The right of survivorship causes the interest of a deceased joint tenant to pass automatically to the surviving joint tenant or tenants by operation of law.
Joanna Jung and Jonathan Jaffe held their residence as joint tenants with right of survivorship. Joanna executed a will during pending divorce proceedings that attempted to leave her interest in the home to a third party. When Joanna died while still married, title to the entire property passed by operation of law to Jonathan.
Jacob Jennings and Jeanette Jensen held their business premises as joint tenants with right of survivorship. Both died in a common accident with no clear and convincing evidence establishing that either survived the other by 120 hours. The property interest was divided equally between their respective estates rather than passing entirely under the survivorship right.
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No. Property held in joint tenancy with right of survivorship passes outside of probate directly to the surviving joint tenant by operation of law. A will has no effect on such nonprobate property even if the testator attempts to devise the interest to a third party.
When survival cannot be established by clear and convincing evidence for the required period, the property is divided equally between the estates of the deceased joint tenants rather than passing entirely to one survivor.
Yes. Creation of a joint tenancy with right of survivorship requires the four unities of time, title, interest, and possession among the co-owners.
…in the absence of a contrary intent expressed in the will or a controlling statute stating otherwise, members of a class are joint tenants with rights of survivorship. Old Colony Trust Co. v. Treadwell , 312 Mass. 214, 218 (1942). Meserve v. Haak , 191 Mass. 220, 223 (1906). See G. L. c. 191, § 22 (1986 ed.) (antilapse statute). This last stated…