Also known as: JTWROS tenancy · joint tenants with right of survivorship · joint tenancy with right of survivorship · JTROS
Written by attorneys · grounded in primary & secondary sources — see below
An undivided ownership interest in property held by two or more persons with equal rights of possession that passes automatically to the surviving owner or owners upon the death of a co-owner by operation of law.
Select any source to read its text and confirm it supports the definition.
Jamal Jefferson and Jasmine Jordan purchased their home and took title as JTWROS. Jamal later executed a will leaving his interest in the home to a friend. When Jamal died while still married to Jasmine, title passed directly to Jasmine by operation of law despite the will's terms.
Jorge Juarez and Jada Jones held their residence as JTWROS during their marriage. A divorce decree divided other assets but made no mention of the residence. When Jorge died shortly after the divorce became final, Jada took full title as the surviving joint tenant.
No. A divorce decree that does not expressly address the jointly held property leaves the right of survivorship intact, so title still passes to the survivor upon death.
Supporting sources
No. Property held in JTWROS is nonprobate property that passes by operation of law to the surviving joint tenant. A will attempting to devise it has no effect on title.
Supporting sources
On the death of one joint tenant the property passes outside probate directly to the surviving joint tenant or tenants, avoiding the need for probate administration of that asset.
Supporting sources
…sell it to get the money.” [¶13.] At Mary’s request, Unke drafted a deed conveying the McCook County farm to her and Ron in joint tenancy with right of survivorship. Unke also drafted a new will that expressly set out Mary’s intent to have joint tenancy property pass outside the will with the remainder of her estate to be divided equally among Judy,…