Is a deed marked joint tenants assumed to be WROS or in Common?
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Is a deed marked joint tenants assumed to be WROS or in Common?
Surviving spouse is listed as joint tenant on a
deed for their house. Have been told if it is with
joint rights of survivorship it can avoid probate.
The deed does not specify type of joint
tenancy.
Asked on August 20, 2018 under Estate Planning, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, a joint tenants would almost certainly be considered to be "joint tenants with right of survivorship" (JTROS), since the other principal form of co- or joint ownership is called "tenants in common." Also, JTROS is the way that sposues typically own property together.
And yes: JTROS bypasses probate and the property does not become part of the deceased's estate: the surviving joint tenant becomes the sole owner on the death of the other joint tenant.
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