Upon the death of a joint tenant, what happens to her interest in the property?

When a joint tenant passes away, their interest in the property is automatically transferred to the surviving joint tenants. This process is known as the right of survivorship, which is a fundamental characteristic of joint tenancy.

This means that upon the death of one joint tenant, the remaining joint tenants do not have to go through probate or any legal proceedings to obtain full ownership. The deceased’s share is seamlessly absorbed by the surviving joint tenants, who remain collectively responsible for the property. This automatic transfer helps maintain the unity of ownership among the surviving joint tenants and allows for simplicity in property management.

This concept is essential in real estate and estate planning, as it impacts how property is held and transferred upon death. In contrast, the other options—dividing the property among heirs, selling it to pay debts, or transferring it to the state—do not apply in the case of joint tenancy, as these scenarios pertain instead to different forms of property ownership such as tenancy in common, or situations where a will or trust may dictate the distribution of property.