Who will inherit the jointly held property of a deceased person?

UPDATED: Sep 30, 2022

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Who will inherit the jointly held property of a deceased person?

We have a land which is in the name of my father and his brother. My father expired 5 years back in an accident and there is no Will created for this land I just wanted to confirm who can inherit the this property now (i.e. my mother or brothers?). Is there any process we should follow?

Asked on March 14, 2016 under Real Estate Law, Alaska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Who inherits depends on just how the title to the property reads. If is says both names followed by wording something like"as joint tennants with rights of survivorship", then a joint tenancy was established. This means that upon the death of one of the owners, the other owner would be vested with 100% owership of the property. This would happen by operation of law; no other action would need be taken. if, however, there was no such survivorship designation, then your late father's share would become an asset of his estate. Therefore, title to the property would pass according to he terms of his Will. If he had none, then it will pass as per state law. If that is the case, then you can google the state name and the words "intestate succession". You can then find out find who inherits. Regardless of who it is, the title will need to be changed to reflect the new owner. You can also consult with a local probate attorney for further information.

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 AttorneyPages.com 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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