Introduction
Explain what survivorship law is and why it matters for property ownership. Show how it determines who owns real estate when one co-owner dies.
What Survivorship Means
Define the right of survivorship. Describe how it allows ownership to pass automatically to the surviving co-owner without probate.
Types of Co-Ownership with Survivorship
Explain the main forms—joint tenancy and tenancy by the entirety. Note how each gives surviving owners full ownership rights.
Joint Tenancy
Describe how joint tenancy works, how it must be created, and how it differs from tenants in common. Explain that all owners have equal interests and the same right of survivorship.
Tenancy by the Entirety
Cover this special form for married couples. Explain how it protects property from one spouse’s creditors and ensures automatic transfer to the surviving spouse.
Community Property with Right of Survivorship
Explain that some states allow married couples to hold title as community property with survivorship. Compare how it differs from regular community property.
Creating a Right of Survivorship
Explain how the deed must include survivorship language to be valid. Note that leaving it out changes ownership to tenants in common by default.
Breaking the Right of Survivorship
Describe how selling, gifting, or changing ownership structure can end the survivorship right.
How Survivorship Affects Probate
Explain that property held with survivorship passes outside probate, saving time and legal costs.
Common Mistakes
List errors like missing survivorship wording, assuming marriage automatically creates survivorship, or not updating title after divorce.
Conclusion
Summarize how survivorship simplifies property transfers after death but requires precise wording in the deed. Link to related topics like “joint tenancy deeds” or “transfer-on-death deeds.”