What Is a Survivorship Deed in Real Estate?

A survivorship deed—often used in Joint Tenancy with Right of Survivorship (JTWROS)—allows two or more owners to hold title so that when one owner dies, their share automatically transfers to the surviving owner(s) without probate.

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💡 Why a Survivorship Deed Matters

A survivorship deed ensures that when one co-owner passes away, their ownership interest automatically transfers to the surviving co-owner(s), bypassing probate. This makes it a powerful estate planning tool for spouses, partners, and family members who own property together.

  • ✔ Avoids probate court entirely
  • ✔ Automatically transfers ownership to surviving co-owners
  • ✔ Often used by married couples and partners
  • ✔ Helps simplify inheritance and prevent disputes
  • ✔ Creates a clear succession plan

Related: What Is a Life Estate?

📌 Common Reasons to Use a Survivorship Deed

Property owners choose survivorship deeds for simple, automatic transfer of ownership and to avoid probate delays.

  • To ensure a spouse inherits the home instantly
  • To avoid probate after a co-owner passes away
  • To simplify joint ownership for partners or family
  • To guarantee the survivor receives full ownership
  • To avoid disputes among heirs over property

Related: What Is a Transfer-on-Death Deed?

🔎 How a Survivorship Deed Works

A survivorship deed modifies the property’s title so multiple owners share equal rights, and ownership passes to the survivors when one owner dies.

  • 1. Co-owners sign a deed establishing joint tenancy with right of survivorship.
  • 2. The deed is notarized and recorded with the county.
  • 3. Each owner holds equal rights to use and control the property.
  • 4. When one owner dies, their share automatically transfers to the surviving owner(s).
  • 5. Survivor records a death certificate to update the county’s records.
  • 6. No probate is required to transfer ownership.

If title becomes unclear, a Quiet Title Action may be needed.

❗ FSBO Warning: Survivorship Deeds Limit Flexibility

Once a survivorship deed is recorded, all owners must agree before the property can be sold, refinanced, or transferred. This can create problems if co-owners disagree or circumstances change.

  • All owners must approve sales or refinancing
  • Ownership shares cannot be adjusted easily
  • May conflict with estate plans or wills
  • Can trigger disputes when family members co-own property

Learn more: What Is Title Insurance?

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