How Does the Right of Survivorship Shape Estate Plans?
Learn how the right of survivorship in estate planning simplifies asset transfer without probate. Understand its benefits and limitations.
The right of survivorship sounds technical, but it’s simple in practice: when one co-owner passes, the surviving co-owner(s) automatically take full ownership. No court process. No waiting. This feature appears in joint tenancy, tenancy by the entirety (for many married couples), and some community property states.
Used thoughtfully, the right of survivorship is a practical tool that streamlines transfers, reduces court involvement, and keeps loved ones focused on what matters—not paperwork. It’s a powerful way to avoid probate.
With joint tenancy (often called JTWROS), a decedent’s share transfers instantly to the survivor and skips probate—even if a will says otherwise. Bank and brokerage accounts titled JTWROS work the same way. Real estate can be titled to include survivorship. Through joint tenancy, tenancy by the entirety, or (in certain states) community property with right of survivorship. So the deed flows directly to the survivor at passing.
Three Real-World Examples
1) The condo siblings. Mia and Leo own a condo as joint tenants. When Mia passes, Leo records a simple affidavit and becomes sole owner. The condo never touches probate court and transfers despite Mia’s older will that left “my half” to a cousin. That’s the right of survivorship at work. (Bonus: assets not for trusts.)
2) The checking account curveball. Jordan lists a friend as JTWROS on a checking account “just in case.” When Jordan passes, the entire balance belongs to the friend—not Jordan’s children—because survivorship overrides the will for that account. Title beats the will.
3) The married homeowners. Priya and Sam hold their home as tenants by the entirety. After Sam’s passing, Priya owns the home outright by operation of law and can later retitle it into her living trust. (Rules vary by state; TBE is generally for married couples only.)
When the Right of Survivorship Can Help—and Backfire
Helpful: Quick, predictable transfers. Survivorship can be a low-cost way to pass a home or account to a spouse or co-owner and avoid probate delays and fees.
Potential pitfalls:
- Unintended heirs. Adding someone as a joint tenant gives them survivorship rights you can’t undo with a will.
- Fairness among children. Naming one child as a survivorship co-owner on a bank account may unintentionally disinherit others. (A trust or TOD/POD may fit better.)
- Creditor and control issues. A joint tenant generally has equal rights during life. For married couples, tenancy by the entirety limits unilateral transfers and often requires both spouses’ consent—great for protection, tricky for flexibility.
- Contesting vs. wills. Survivorship deeds are typically harder to challenge than wills because the transfer happens by title, not a bequest.
Quick Checklist to Use the Right of Survivorship Wisely
- Confirm how each asset is titled (look for “JTWROS,” “tenancy by the entirety,” or “community property with right of survivorship”).
- Align titles with your overall plan (will, trust, and beneficiary designations). Survivorship can override will instructions for the same asset.
- Consider TOD/POD for accounts if you want a transfer without making someone a co-owner during life.
- Revisit after major life changes—marriage, divorce, or new property—so your intent stays clear. (JTWROS usually requires equal shares and the “four unities.”)