EstatePass
Property OwnershipMEDIUMFREE

In Georgia, to create a joint tenancy with right of survivorship, the deed must:

2:51
0 views

Question & Answer

Review the question and all answer choices

A

Be notarized

While notarization is required for a deed to be recorded in Georgia (O.C.G.A. Β§ 44-2-15), notarization alone does not determine the type of co-ownership created β€” it is a formality of execution, not a substantive requirement for establishing survivorship rights.

B

Specifically state the intent to create survivorship

Correct Answer
C

Be approved by a court

Court approval is not required to create a joint tenancy with right of survivorship in Georgia; the parties create it themselves through proper deed language, and judicial involvement is only necessary if a dispute later arises over the ownership structure.

D

Include all four unities

While the four unities (time, title, interest, and possession) are the common law prerequisites for joint tenancy and are relevant in many states, Georgia's statute goes beyond requiring the four unities by also mandating explicit survivorship language β€” satisfying the four unities alone is insufficient under Georgia law to establish the right of survivorship.

Why is this correct?

Under O.C.G.A. Β§ 44-6-190, Georgia law presumes tenancy in common when property is conveyed to multiple grantees, and a joint tenancy with right of survivorship is only created when the deed contains language that specifically and clearly expresses the intent to create survivorship rights. Typical acceptable language includes phrases such as 'as joint tenants with right of survivorship and not as tenants in common.' Without this explicit statement, even if the four unities of time, title, interest, and possession are present, Georgia courts will treat the ownership as a tenancy in common, meaning the deceased owner's share passes through their estate rather than automatically to the survivor.

Ready to Ace Your Real Estate Exam?

Access 2,000+ free video lessons covering all 11 exam topics.