Right of Survivorship
Right of survivorship is a legal principle where property ownership automatically transfers to the surviving owner(s) when one owner dies, without going through probate. This right is typically found in joint tenancy and tenancy by the entirety ownership arrangements.
Example
“When John died, his wife automatically inherited the entire house due to their right of survivorship in the joint tenancy.”
Memory Tip
The surviving spouse 'survives' to own it all - survivorship means the survivor gets everything.
Why It Matters
This right provides automatic inheritance protection for spouses and joint owners, allowing them to avoid the time, expense, and complexity of probate court proceedings. It ensures seamless transfer of property ownership and can provide important financial security for surviving family members.
Common Misconception
Some people assume all joint ownership includes survivorship rights, but tenancy in common arrangements do not provide this automatic transfer benefit.
In Practice
When a married couple owns their home as joint tenants with right of survivorship and one spouse passes away, the surviving spouse automatically becomes the sole owner without needing to go through probate or update the deed.
Etymology
Combines 'right' (legal entitlement) with 'survivorship' from 'survive,' meaning the legal right that survives one owner's death.
Common Misspellings
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