Under joint tenancy with rights of survivorship, when one tenant dies, which description best matches the result?

Under joint tenancy with rights of survivorship, when one tenant dies, which description best matches the result?

• A. Her share passes through her will to her heirs.
• B. Her share passes by law to her heirs, not through her will.
• C. Her share passes to the surviving joint tenant regardless of what her will says.
• D. The asset must be sold and the estate gets 1/2 of the proceeds.

Answer: (C)

Joint tenancy with rights of survivorship means all owners hold the property together with four unities of ownership. When one owner dies, that owner’s interest ends and passes automatically to the surviving co-owners under the right of survivorship, regardless of what the deceased’s will says. This keeps the property with the remaining owners and avoids probate for that share. If the property were held as a tenancy in common, the deceased’s share could pass to heirs or according to a will, but that’s not the case here. There’s also no mandatory sale of the asset upon death—the survivors continue to own it.

Joint tenancy with rights of survivorship means all owners hold the property together with four unities of ownership. When one owner dies, that owner’s interest ends and passes automatically to the surviving co-owners under the right of survivorship, regardless of what the deceased’s will says. This keeps the property with the remaining owners and avoids probate for that share. If the property were held as a tenancy in common, the deceased’s share could pass to heirs or according to a will, but that’s not the case here. There’s also no mandatory sale of the asset upon death—the survivors continue to own it.