Also known as: right of survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A hope or expectation of acquiring an additional share of property or an inheritance by outliving a co-owner under a right of survivorship. The expectation arises automatically from the form of concurrent ownership and passes title by operation of law rather than by will or intestacy.
Stephen Shaw and Spencer Silver held their home as tenants by the entirety. While divorce proceedings were pending, Stephen executed a will leaving his interest to a third party. When Stephen died before the divorce was final, title passed automatically to Spencer by survivorship, and the will had no effect on the house.
Sierra Santos and Samuel Soto owned investment property as joint tenants with right of survivorship. After Sierra died, the probate court included Sierra's fractional interest in the augmented estate under the statutory formula. Samuel's survivorship right therefore determined the size of the augmented estate available for the elective share.
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Sophia Singh and Selena Singh held their vacation cabin as joint tenants with right of survivorship. After their divorce became final, the statutory severance converted their interests into equal tenancies in common. Neither former spouse could thereafter claim the other's share through survivorship.
Silverline Industries maintained a business operating account titled in the names of two officers as multiple parties. Upon the death of one officer, the surviving officer became entitled to the funds on deposit where the account had been created with right of survivorship.
Summit Bank held title to real estate as joint tenant with Starlight Media. When both entities were destroyed in a single casualty and survival could not be proved by clear and convincing evidence, the property was divided equally rather than passing entirely to either survivor.
Synergy Systems and a partner held partnership property in joint tenancy. One partner attempted to assign its hope of survivorship to a creditor before death. The assignment failed because the expectancy was not a presently transferable interest separate from the joint tenancy itself.
A will has no effect on property held in joint tenancy with right of survivorship. Title passes by operation of law to the surviving joint tenant regardless of any contrary testamentary provision.
Divorce severs the joint tenancy and converts the interests into equal tenancies in common unless a court order or governing instrument expressly preserves survivorship. The former spouses therefore hold undivided shares that pass through their respective estates.
When survival by 120 hours cannot be established by clear and convincing evidence, each joint tenant is treated as having predeceased the other. The property is divided equally between the two estates rather than passing entirely by survivorship.
…debtor spouse in the estate may be sold or levied upon for his or her separate debts, subject to the other spouse’s contingent right of survivorship. Pope v. McBride , 207 Ark. 940, 184 S.W.2d 259 (1945); King v. Greene , 30 N.J. 395, 153 A.2d 49 (1959); Hiles v. Fisher , 144 N.Y. 306, 39 N.E. 337 (1895); Brownley v. Lincoln…