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Joint Tenancy

Co-ownership where a survivor automatically takes the whole asset when the other owner dies.

What Joint Tenancy means in an estate

In a joint tenancy with right of survivorship, two or more people own an asset together, and when one dies their share passes automatically to the surviving owners, outside of probate. It is common for homes and bank accounts between spouses. How joint tenancy is created, and whether it is presumed or must be stated in writing, varies by state.

How this works in your state

The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how joint tenancy is handled where the estate is being settled.

Information current as of April 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.