Is a deed marked joint tenants assumed to be WROS or in Common?

UPDATED: Oct 1, 2022

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Is a deed marked joint tenants assumed to be WROS or in Common?

Surviving spouse is listed as joint tenant on a
deed for their house. Have been told if it is with
joint rights of survivorship it can avoid probate.
The deed does not specify type of joint

Asked on August 20, 2018 under Estate Planning, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a joint tenants would almost certainly be considered to be "joint tenants with right of survivorship" (JTROS), since the other principal form of co- or joint ownership is called "tenants in common." Also, JTROS is the way that sposues typically own property together. 
And yes: JTROS bypasses probate and the property does not become part of the deceased's estate: the surviving joint tenant becomes the sole owner on the death of the other joint tenant.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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