Under Utah law, which form of co-ownership includes the right of survivorship, meaning a deceased co-owner's interest automatically passes to the surviving co-owners rather than through probate?
Correct Answer
D) Joint tenancy
Joint tenancy in Utah includes the right of survivorship. When one joint tenant dies, that owner's interest automatically vests in the surviving joint tenants by operation of law, bypassing probate entirely. Utah Code Ann. § 57-1-5 recognizes joint tenancy with right of survivorship when clearly expressed in the conveyancing instrument.
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Related Topics & Key Terms
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Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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