Asked in Deeds and Ownership
Deeds and Ownership
What is survivorship deed?
Answer

Wiki User
July 07, 2014 11:09PM
A survivorship deed provides that upon the death of one co-owner, their interest passes automatically to the survivor bypassing probate.
Related Questions
Asked in Loans, Mortgages
Does the husband and wife both have to be on the land deed to both own the property?

Yes. They should both be listed as grantees on the deed and the
deed should be a survivorship deed. You should consult with an
attorney who can draft a proper deed for your jurisdiction.
Yes. They should both be listed as grantees on the deed and the
deed should be a survivorship deed. You should consult with an
attorney who can draft a proper deed for your jurisdiction.
Yes. They should both be listed as grantees on the deed and the
deed should be a survivorship deed. You should consult with an
attorney who can draft a proper deed for your jurisdiction.
Yes. They should both be listed as grantees on the deed and the
deed should be a survivorship deed. You should consult with an
attorney who can draft a proper deed for your jurisdiction.
Asked in Deeds and Ownership
How do you find out if you are the survivor on your property deed?

Review your deed and look for any survivorship language
after your name in the granting clause. It can be stated:
as joint tenants with the right of survivorship, or
as tenants by the entirety
Review your deed and look for any survivorship language
after your name in the granting clause. It can be stated:
as joint tenants with the right of survivorship, or
as tenants by the entirety
Review your deed and look for any survivorship language
after your name in the granting clause. It can be stated:
as joint tenants with the right of survivorship, or
as tenants by the entirety
Review your deed and look for any survivorship language
after your name in the granting clause. It can be stated:
as joint tenants with the right of survivorship, or
as tenants by the entirety
Asked in Mortgages, Estates, Deeds and Ownership
How do you know if you have right of survivorship on a property you own with a non-spouse?

A right of survivorship must be set forth in the deed by which
you acquired your property. If the deed doesn't state you received
the property as "joint tenants", or as "joint tenants with the
right of survivorship" which is required in some jurisdictions,
then you own as tenants in common and have no survivorship rights.
If you review your deed and the answer isn't clear you should
consult with the attorney who represented you at your closing who
can draft a confirmatory deed with survivorship rights if
necessary.
Asked in Deeds and Ownership
Can a party to a right of a survivorship deed give their part to someone not on the deed?

An owner in a joint tenancy can transfer their interest by a
deed, recorded in the land records, while they are living. That
deed will break the survivorship tenancy.
A person who owns as a tenant by the entirety cannot sever the
survivorship rights of the other tenant by the entirety.
An owner in a joint tenancy can transfer their interest by a deed,
recorded in the land records, while they are living. That deed will
break the survivorship tenancy.
A person who owns as a tenant by the entirety cannot sever the
survivorship rights of the other tenant by the entirety.
An owner in a joint tenancy can transfer their interest by a deed,
recorded in the land records, while they are living. That deed will
break the survivorship tenancy.
A person who owns as a tenant by the entirety cannot sever the
survivorship rights of the other tenant by the entirety.
An owner in a joint tenancy can transfer their interest by a deed,
recorded in the land records, while they are living. That deed will
break the survivorship tenancy.
A person who owns as a tenant by the entirety cannot sever the
survivorship rights of the other tenant by the entirety.
Asked in Mortgages, Deeds and Ownership
Who get the property if one person dies and both names are on deed but the house was bought before they got married?

If the deed has a survivorship clause then the decedent's
interest automatically passes to the survivor. If not, the
decedent's interest passes to his/her estate.
If the deed has a survivorship clause then the decedent's interest
automatically passes to the survivor. If not, the decedent's
interest passes to his/her estate.
If the deed has a survivorship clause then the decedent's interest
automatically passes to the survivor. If not, the decedent's
interest passes to his/her estate.
If the deed has a survivorship clause then the decedent's interest
automatically passes to the survivor. If not, the decedent's
interest passes to his/her estate.
Asked in Mortgages, Home Equity and Refinancing, Deeds and Ownership
Are property deeds in queens county survivorship deeds?

Each state has several different forms of deeds and different
ways multiple owners can hold title. You need to check each
particular deed to determine if it is a survivorship deed.
Each state has several different forms of deeds and different ways
multiple owners can hold title. You need to check each particular
deed to determine if it is a survivorship deed.
Each state has several different forms of deeds and different ways
multiple owners can hold title. You need to check each particular
deed to determine if it is a survivorship deed.
Each state has several different forms of deeds and different ways
multiple owners can hold title. You need to check each particular
deed to determine if it is a survivorship deed.
Asked in Law & Legal Issues, Deeds and Ownership
Does property have to go to probate if one spouse is deceased and the surviving spouse is also listed on the Missouri warranty deed?

It depends on how they took title. The deed by which the couple
acquired the property must be a survivorship deed in order
to avoid probate. They must have acquired as joint tenants with
the right of survivorship or as tenants by the entirety.
If they acquired as tenants in common then the decedent's
estate must be probated.
It depends on how they took title. The deed by which the couple
acquired the property must be a survivorship deed in order
to avoid probate. They must have acquired as joint tenants with
the right of survivorship or as tenants by the entirety.
If they acquired as tenants in common then the decedent's
estate must be probated.
It depends on how they took title. The deed by which the couple
acquired the property must be a survivorship deed in order
to avoid probate. They must have acquired as joint tenants with
the right of survivorship or as tenants by the entirety.
If they acquired as tenants in common then the decedent's
estate must be probated.
It depends on how they took title. The deed by which the couple
acquired the property must be a survivorship deed in order
to avoid probate. They must have acquired as joint tenants with
the right of survivorship or as tenants by the entirety.
If they acquired as tenants in common then the decedent's
estate must be probated.
Asked in Mortgages, Home Equity and Refinancing
Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?

If the deed is a survivorship deed then the property will
automatically be the sole property of the wife and bypass probate.
However, it will be subject to the mortgage unless you buy some
type of mortgage insurance.
If the deed is a survivorship deed then the property will
automatically be the sole property of the wife and bypass probate.
However, it will be subject to the mortgage unless you buy some
type of mortgage insurance.
If the deed is a survivorship deed then the property will
automatically be the sole property of the wife and bypass probate.
However, it will be subject to the mortgage unless you buy some
type of mortgage insurance.
If the deed is a survivorship deed then the property will
automatically be the sole property of the wife and bypass probate.
However, it will be subject to the mortgage unless you buy some
type of mortgage insurance.
Asked in Mortgages, Debt Responsibility, Deeds and Ownership
Who is responsible for mortgage payment on a survivorship deed the person who is on the warranty deed of survivorship or the estate?

The answer depends on the details: when was the mortgage
granted- when was the survivorship created. If the mortgagor was
the sole owner of the property when they granted that mortgage, and
later created a survivorship with another, then ownership passed to
the survivor subject to the mortgage. If the survivor
doesn't pay the mortgage then the lender will take possession of
the mortgage by foreclosure.
Survivorship property does not become part of the decedent's
estate and the mortgage passes with the property to the
survivor.
Asked in Mortgages, Deeds and Ownership
What are reasons why you add someone to the deed of a house?

It should never be done lightly and only after consulting with
an attorney who can review the situation, explain the consequences
and draft a proper deed.
Marriage- to create a survivorship interest in the couple to
avoid probate.
Committed non-marital relationship to create a survivorship
between the parties to protect their interest and avoid
probate.
Convenience as when a parent adds a child to their deed
creating a survivorship interest to avoid probate.
It should never be done lightly and only after consulting with an
attorney who can review the situation, explain the consequences and
draft a proper deed.
Marriage- to create a survivorship interest in the couple to
avoid probate.
Committed non-marital relationship to create a survivorship
between the parties to protect their interest and avoid
probate.
Convenience as when a parent adds a child to their deed
creating a survivorship interest to avoid probate.
It should never be done lightly and only after consulting with an
attorney who can review the situation, explain the consequences and
draft a proper deed.
Marriage- to create a survivorship interest in the couple to
avoid probate.
Committed non-marital relationship to create a survivorship
between the parties to protect their interest and avoid
probate.
Convenience as when a parent adds a child to their deed
creating a survivorship interest to avoid probate.
It should never be done lightly and only after consulting with an
attorney who can review the situation, explain the consequences and
draft a proper deed.
Marriage- to create a survivorship interest in the couple to
avoid probate.
Committed non-marital relationship to create a survivorship
between the parties to protect their interest and avoid
probate.
Convenience as when a parent adds a child to their deed
creating a survivorship interest to avoid probate.
Asked in Deeds and Ownership, State Laws
When there is a surviorship deed can one party gift deed their share to someone else?

The purpose of creating a survivorship by deed is that the
property is automatically owned by the survivor when one co-owner
dies. It cannot be gifted by a will.
However, a joint tenancy with the right of survivorship
can be broken during life by either tenant simply by
conveying their interest to another person by deed.
Asked in Law & Legal Issues, Deeds and Ownership
What are the ways a deed with right of survivorship can be broken?

Laws vary in different jurisdictions. You need to check the
particular laws in yours. Generally, in states that allow tenancy
by the entirety for legally married couples one tenant cannot sever
the survivorship rights of the other without their written consent
on a deed. Otherwise, a divorce will end that type of survivorship
tenancy, changing it to a tenancy in common. In general joint
tenancies with right of survivorship can be terminated when one
tenant conveys their interest to a third party. If they simply wish
to change the tenancy they can deed to a "straw" and then have the
straw deed the interest back as a tenancy in common.
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