Legal Definitions - Right of Survivorship

The Right of Survivorship is a legal feature of certain types of co-ownership of property. It means that when one co-owner dies, their ownership interest in the property does not pass to their heirs or beneficiaries through a will or probate. Instead, that interest automatically and immediately transfers to the surviving co-owner(s).

Essentially, the deceased owner's share "vanishes," and the surviving owner(s) absorb that share, becoming the sole owner(s) of the entire property. This right is most commonly found in two forms of property ownership: joint tenancy (which can be between any number of individuals) and tenancy by the entirety (which is exclusively for married couples).

Here are some examples to illustrate how the Right of Survivorship works:

• Scenario: A Vacation Home Owned by Siblings

  Imagine two sisters, Sarah and Emily, purchase a lakeside cabin together as joint tenants with the right of survivorship. They both enjoy the property equally. If Sarah were to pass away, her ownership share in the cabin would not go to her children or be distributed according to her will. Instead, Emily would automatically become the sole owner of the entire cabin, without any need for probate proceedings regarding Sarah's share of the property.

• Scenario: A Married Couple's Primary Residence

  David and Maria, a married couple, own their family home as tenants by the entirety, which includes the right of survivorship. If David unexpectedly dies, Maria automatically becomes the full legal owner of the house. This means she doesn't have to go through a lengthy legal process to transfer David's half of the ownership to her name; it happens by operation of law because of the right of survivorship.

• Scenario: Business Partners and Commercial Property

  Two business partners, Alex and Ben, jointly purchase a small office building for their consulting firm, holding it as joint tenants with the right of survivorship. Initially, if Alex were to die, Ben would automatically own the entire building, ensuring business continuity without the property being tied up in Alex's estate. However, if Alex and Ben later decide they want their respective families to inherit their shares if one of them dies, they could take legal steps to "sever" the joint tenancy. Once severed, the right of survivorship would no longer apply, and their shares would then pass to their heirs according to their wills, rather than to the surviving partner.