What is a defining characteristic of joint tenancy with right of survivorship?

What is a defining characteristic of joint tenancy with right of survivorship?

• A. Upon death, the deceased's interest passes to the surviving owner automatically.
• B. Joint tenancy shares are distributed by the will to heirs.
• C. Ownership passes through probate to the estate.
• D. Joint tenancy requires consent of all heirs to transfer ownership.

Answer: (A)

Right of survivorship means that when one owner dies, the deceased's share automatically passes to the surviving owner(s) without going through a will or probate. This happens because joint tenancy requires four unities—time, title, interest, and possession—so all owners hold an undivided, equal stake from the start, and the surviving owner(s) inherit the departed share immediately. This is why the statement is the best answer: it captures the essential feature that distinguishes joint tenancy with survivorship from other forms of co-ownership. If ownership were to be handled by a will, or pass through probate to an estate, or require all heirs’ consent to transfer, you’d be describing other arrangements like tenants in common or different transfer rules, not joint tenancy with survivorship.

Right of survivorship means that when one owner dies, the deceased's share automatically passes to the surviving owner(s) without going through a will or probate. This happens because joint tenancy requires four unities—time, title, interest, and possession—so all owners hold an undivided, equal stake from the start, and the surviving owner(s) inherit the departed share immediately.

This is why the statement is the best answer: it captures the essential feature that distinguishes joint tenancy with survivorship from other forms of co-ownership. If ownership were to be handled by a will, or pass through probate to an estate, or require all heirs’ consent to transfer, you’d be describing other arrangements like tenants in common or different transfer rules, not joint tenancy with survivorship.