Real Property
The automatic transfer of a deceased co-owner's interest to the surviving co-owners, bypassing probate.
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.
Study Guide
Real Property
Key concepts and exam tips →
Practice
NY Real Estate Real Property
Free sample questions →
Preparing for the NY Real Estate Exam?
Unlocked covers Right of Survivorship and every other concept on the NY Real Estate Salesperson Exam — with study modules, practice questions, spaced-repetition flashcards, and Carl, your AI study buddy.
click for a haiku!