When planning how to transfer assets to loved ones, two popular options emerge: right of survivorship and trusts. Both methods bypass probate, but they serve different purposes and offer distinct advantages. Understanding the differences between right of survivorship versus a trust helps you choose the best strategy for your estate planning goals.
What Is Right of Survivorship?
Right of survivorship is a property ownership arrangement where two or more people own an asset together. When one owner dies, their share automatically transfers to the surviving owner(s) without going through probate court. This arrangement appears in joint tenancy with right of survivorship and tenancy by the entirety (available to married couples in some states).
The surviving owner receives the deceased owner’s interest immediately upon death. No court proceedings, no waiting periods, no legal fees. The asset simply belongs entirely to the survivor. (Here’s more on how the right of survivorship can shape estate plans.)
How Do Trusts Work Differently?
A revocable living trust creates a separate legal entity that holds your assets during your lifetime. You maintain complete control as the trustee, but when you pass away, your chosen successor trustee distributes assets according to your written instructions.
Unlike right of survivorship, trusts offer flexibility in distribution timing and conditions. You can specify that beneficiaries receive assets at certain ages, achieve specific milestones, or receive payments over time rather than lump sums.
Which Option Provides Better Control?
Right of survivorship offers no control over what happens after the first death. If you and your spouse own your home jointly with right of survivorship, when you die, your spouse becomes the sole owner. Your spouse can then sell the house, remarry and leave it to their new spouse, or make any other decision without considering your original wishes.
Trusts provide comprehensive control over asset distribution. You can specify exactly who receives what, when they receive it, and under what conditions. This control extends beyond the first generation – you can direct how assets pass to children, grandchildren, or other beneficiaries.
How Do These Options Handle Multiple Beneficiaries?
Right of survivorship works only with joint owners. If you want to leave assets to three children, you cannot use right of survivorship effectively. The property would need to be owned jointly by all three children, creating potential complications if one child wants to sell their share or faces creditor issues.
Trusts excel at managing multiple beneficiaries. You can leave specific percentages to different people, create separate shares for each beneficiary, or establish conditions that apply to some beneficiaries but not others.
What About Creditor Protection?
Right of survivorship provides limited creditor protection. While the asset transfers automatically to the survivor, that person’s creditors can potentially reach the inherited property once it becomes solely theirs.
Trusts offer stronger creditor protection through spendthrift clauses. These provisions prevent beneficiaries’ creditors from reaching assets while they remain in the trust. The protection continues as long as assets stay within the trust structure.
Which Strategy Costs More?
Right of survivorship appears less expensive initially. Adding a joint owner to a deed or account typically costs minimal fees. However, this strategy offers no protection if both owners die simultaneously or if you want more complex distribution arrangements.
Trusts require upfront investment but provide comprehensive estate planning benefits. A professional trust avoids probate for all assets, protects beneficiaries, and adapts to changing circumstances throughout your lifetime.
Should You Choose Right of Survivorship Versus a Trust?
The choice between right of survivorship versus a trust depends on your specific goals. Right of survivorship works well for simple situations where you want assets to pass directly to one other person with no restrictions or conditions.
Trusts provide superior flexibility, control, and protection for most estate planning situations. They accommodate complex family structures, protect beneficiaries from poor financial decisions, and ensure your wishes are followed precisely.
Many people use both strategies together – holding certain assets jointly with right of survivorship while placing other assets in a comprehensive trust structure. This combined approach maximizes both convenience and control in your overall estate plan.
Sources
- Arizona Statutes (§ 14-2102, § 14-2106, § 14-2102, § 14-2104, § 14-2106)
- Wisconsin Statutes (§ 852.01, § 852.01, § 854.03, § 853.03)