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Property OwnershipJoint TenancyEASY

When a joint tenant dies, their interest in the property passes to:

Correct Answer

B) The surviving joint tenant(s) automatically by right of survivorship

A key feature of joint tenancy is the right of survivorship. When a joint tenant dies, their interest automatically passes to the surviving joint tenant(s) outside of probate, regardless of what the deceased's will may state. This distinguishes joint tenancy from tenancy in common, where a deceased co-owner's share passes through their estate.

Answer Options
A
The deceased's estate, to be distributed through probate
B
The surviving joint tenant(s) automatically by right of survivorship
C
The state of Delaware by escheat
D
The deceased's heirs as directed by will or intestacy laws

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Related Topics & Key Terms

Related Topics:

probate avoidancetenancy in commontenancy by the entiretyestate planningintestate succession

Key Terms:

right of survivorshipjoint tenancyprobate avoidanceautomatic transferco-ownership at death

Related Concepts

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

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