Right of Survivorship

ESTATE PLANNING ESSENTIALS

What Is Right of Survivorship—and Should You Use It in Your Estate Plan?

By Justin J. Wall, Esq.

Bar Licensed Trusts & Estates Attorney

Utah and Arizona

When it comes to transferring property at death, many people assume a will is the primary tool. But certain assets pass outside the will entirely, often without court involvement. One of the most common ways this happens is through Right of Survivorship—a legal feature that allows jointly owned property to transfer automatically to the surviving owner. It’s simple, fast, and avoids probate. But it’s not always the right solution.

Here’s how it works, and when it works best.

Right of Survivorship applies when two or more people own property together and have agreed—usually through the title or deed—that the surviving owner will automatically inherit the decedent’s share. There’s no need for a probate proceeding or court order. The surviving owner simply provides a death certificate and some basic paperwork, and the asset becomes theirs, in full.

This arrangement is most commonly used between spouses, particularly for homes, checking accounts, and investments. It’s also common in states that recognize special forms of joint ownership, like Joint Tenancy with Right of Survivorship (JTWROS), Tenancy by the Entirety (available only to married couples), or Community Property with Right of Survivorship, which blends marital property law with automatic inheritance. Each of these ownership forms has different legal and tax consequences, but they all share one feature: when one owner dies, the other automatically becomes the sole owner.

For many families, this type of ownership is exactly what they want. It provides immediate access to important assets like bank accounts and the family home—without waiting months for the probate process to run its course. It also reduces legal costs, eliminates court filings, and avoids making the estate a matter of public record. When used correctly, Right of Survivorship can streamline administration and bring real peace of mind to the surviving spouse or co-owner.

That said, Right of Survivorship is not without its downsides. Perhaps the most common problem is that it overrides your will. If your will says your half of the house goes to your children, but the deed says otherwise, the deed wins. The surviving co-owner will inherit the property in full, regardless of your written intentions. This can lead to unintentional disinheritance—especially in blended families or second marriages, where property may have been separately acquired.

Another risk is ownership confusion. Adding a child or relative as a joint owner—perhaps to “help with bills” or “make things easier”—can unintentionally create a full ownership interest that passes automatically at death. That child could become the sole owner, to the exclusion of your other heirs. In addition, because joint ownership creates a legal interest in the property, that co-owner’s creditors may gain access to the asset while you’re still alive.

Even when survivorship is the right tool, it’s important to document it clearly and understand exactly what type of ownership you’re creating. Titles, deeds, and account agreements matter—sometimes more than the estate plan itself. A misunderstanding or overlooked detail can unravel even the best intentions.

In the right hands and with the right planning, Right of Survivorship is a powerful way to keep things simple and avoid unnecessary court proceedings. But like any estate planning tool, it works best when it’s used deliberately—and when it’s coordinated with your overall plan. If you’re not sure how your jointly owned property is titled—or whether survivorship is helping or hurting your goals—it’s time to take a closer look. Talk to an estate planning attorney who can help you review your deeds, accounts, and documents to ensure everything works together. A short conversation now can save your loved ones from costly surprises later.