In Michigan, when one joint tenant dies, their interest:
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Goes to their heirs
This describes tenancy in common, not joint tenancy. In joint tenancy, the deceased tenant's interest cannot pass to heirs because the right of survivorship overrides inheritance rights.
Passes automatically to surviving joint tenants
Goes to the state
The state only receives property through escheat when there are no legal heirs or beneficiaries, which is not the case with joint tenancy where surviving joint tenants have automatic rights.
Must go through probate
Probate is unnecessary in joint tenancy due to the right of survivorship, which automatically transfers the interest to surviving joint tenants outside of the probate process.
Why is this correct?
The right of survivorship is the defining characteristic of joint tenancy. When one joint tenant dies, their interest automatically passes to the surviving joint tenants by operation of law, bypassing probate and the deceased's heirs.
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