Property held in a joint tenancy on the death of one co-owner: which statement is correct?

Property held in a joint tenancy on the death of one co-owner: which statement is correct?

• A. It passes to the personal representatives.
• B. It is dissolved and shared among heirs.
• C. The deceased's share is held in trust for beneficiaries.
• D. It passes to the surviving co-owner.

Answer: (D)

Joint tenancy carries a right of survivorship: when a co-owner dies, their share does not become part of their estate. Instead, the deceased’s interest automatically vests in the surviving co-owner(s), so the property passes to the survivors right away and outside the deceased’s will. This explains why the correct statement is that it passes to the surviving co-owner. If it were a tenancy in common, the deceased’s share would form part of their estate and go to heirs or executors, not to the other co-owner(s). The notion of a trust holding the deceased’s share or the personal representatives taking it applies to other arrangements, not to joint tenancy with survivorship.

Joint tenancy carries a right of survivorship: when a co-owner dies, their share does not become part of their estate. Instead, the deceased’s interest automatically vests in the surviving co-owner(s), so the property passes to the survivors right away and outside the deceased’s will. This explains why the correct statement is that it passes to the surviving co-owner.

If it were a tenancy in common, the deceased’s share would form part of their estate and go to heirs or executors, not to the other co-owner(s). The notion of a trust holding the deceased’s share or the personal representatives taking it applies to other arrangements, not to joint tenancy with survivorship.