Does a joint tenancy deed cancel out an existing will?

Full question:

Does a joint tenancy deed cancel out an existing will?

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: Arizona

Answer:

Joint tenancy property passes outside of probate, however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a survivorship deed typically overrides a will regarding the property it covers. When a property is held in survivorship, it passes directly to the surviving owner upon death, bypassing probate. This means the property will not be distributed according to the deceased's will but rather to the surviving tenant. However, if the joint tenancy is severed, the property may then be subject to the will.