Right of Survivorship is a real estate term you will encounter when buying, selling, or financing a home in Ventura County. This page gives you a plain-English definition and explains why it matters.
What it means
Right of survivorship is a feature of certain co-ownership forms in which a deceased owner's interest passes automatically to the surviving co-owner(s), bypassing probate. It applies to joint tenancy and to community property with right of survivorship. It is created by specific title wording and overrides what a will might otherwise direct for that interest.
Why it matters in Ventura County
For Ventura County co-owners, the right of survivorship is a common way to keep property out of probate when one owner dies. Because it interacts with estate plans and taxes, Brian recommends confirming with an attorney that it aligns with your overall plan before taking title.
Frequently Asked Questions
What does right of survivorship do?
It causes a deceased co-owner's share to pass automatically to the surviving owners, avoiding probate for that interest.
Which ownership forms include survivorship?
Joint tenancy and community property with right of survivorship both include it; tenancy in common does not.
Does a will override the right of survivorship?
Generally no. Survivorship governs how the co-owned interest passes, regardless of what a will says about it.
