Legal Definitions - per mitter l'estate

Per mitter l'estate is a historical legal term originating from Law French, which literally translates to "by passing the estate." This term described the specific legal mechanism by which a surviving joint tenant acquired full ownership of a property when another joint tenant died.

In a joint tenancy, all owners have an undivided interest in the entire property, and a crucial characteristic is the "right of survivorship." This means that when one joint tenant passes away, their interest in the property does not go to their heirs or beneficiaries through a will. Instead, their interest automatically transfers to the remaining joint tenant(s). "Per mitter l'estate" referred to this process where the surviving tenant was considered to have received or had the estate "passed" to them, thereby consolidating full ownership of the property.

Here are some examples to illustrate this concept:

• Example 1: Married Couple's Home
  Michael and Sarah own their family home together as joint tenants. When Michael passes away, his interest in the house does not become part of his estate to be distributed according to his will or by inheritance laws. Instead, under the principle historically described by "per mitter l'estate," Michael's share automatically "passes" to Sarah. Sarah then becomes the sole owner of the entire property, without needing to go through a probate process for Michael's share.

• Example 2: Business Partners' Commercial Property
  Three business partners, Alex, Ben, and Chloe, jointly own a commercial building where their company operates. They hold the title as joint tenants. If Ben suddenly dies, his one-third interest in the building does not go to his family or heirs. According to the concept of "per mitter l'estate," Ben's interest "passes" to Alex and Chloe, who then become the sole joint owners of the entire commercial property. This ensures the business property remains with the surviving partners.

• Example 3: Siblings Inheriting Land
  After their parents passed away, siblings Emily and David inherited a vacation cabin and the surrounding land, which was deeded to them as joint tenants. Years later, Emily passes away without a will. Her interest in the cabin and land does not go to her personal estate or her children. Instead, through the mechanism historically known as "per mitter l'estate," Emily's share "passes" directly to David, making him the sole owner of the entire vacation property.