Legal Question in Wills and Trusts in Arizona

Re: Does joint tenancy agreements mean survivorship pre-empts a Will?

Property held in joint tenancy with right of survivorship means that upon the death of one of the joint tenants, the surviving joint tenant is the owner of that particular property only, by operation of law automatically. The surviving joint tenant need only record a copy of the death certificate to perfect title. Property held in joint tenancy, does not pass by the Will. Property held in joint tenancy does not have any effect on the other assets owned by the decedent at the date of death, those assets pass to the heirs either by Will or intestate succession. The best way of taking or holding title to property is determined on a case by case basis, it depends upon the circumstances of the party and their needs and goals.

Re: Does joint tenancy agreements mean survivorship pre-empts a Will?

Only the surviving joint tenants have any remaining interest in the property after another joint tenant dies.

Real property can be held in joint tenancy, as tenants in common, with a beneficiary deed, in a trust, in a company such as a limited liability company, or in other forms. See an estate attorney for complete information. We offer free no obligation consultations at 480.835.1500.

Best regards,

James D. Jenkins