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Property OwnershipJoint TenancyEASY

When a joint tenant dies, their interest passes to:

Correct Answer

B) The surviving joint tenant(s) automatically

Joint tenancy includes the right of survivorship. When a joint tenant dies, their interest automatically passes to the surviving joint tenant(s) outside of probate. This is a key distinction from tenancy in common, where a deceased owner's share passes to their heirs or through their will.

Answer Options
A
The deceased's heirs through probate
B
The surviving joint tenant(s) automatically
C
The state through escheat
D
The heirs named in the deceased's will

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Background Knowledge for Property Ownership

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Related Topics & Key Terms

Related Topics:

right of survivorshipprobate avoidancetenancy in commonAffidavit of Survivorshipestate planning

Key Terms:

right of survivorshipjoint tenancyprobateautomatic transferco-ownership

Related Concepts

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.

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

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