Real Property

Right of Survivorship

The automatic transfer of a deceased co-owner's interest to the surviving co-owners, bypassing probate.


Definition

The right of survivorship is the distinguishing feature of joint tenancy and tenancy by the entirety. When one co-owner dies, their interest passes automatically to the surviving co-owners. It does not go to the deceased owner's heirs and does not pass through probate. This right exists only in joint tenancy and tenancy by the entirety, not in tenancy in common. In New York, tenancy by the entirety (available only to married couples) includes the right of survivorship and additional protections against individual creditors.

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