Right of Survivorship Law and Legal Definition

Generally Right of Survivorship refers to the right of survivors to the interest in property of a deceased joint tenant as the result of property held in joint tenancy. Upon the death of the a joint tenant the surviving joint tenant immediately becomes the owner of the whole property For example If A and B own property as joint tenants with the right of survivorship when either dies, the entire property will pass to the other without Probate. Right of Survivorship is a distinguishing feature of both Joint Tenancy and Tenancy By the Entirety. This is a powerful legal right because it takes precedence over other claims upon the property. Originally this was a right at common law, but it is now recognized by statute in all states.