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Does a joint tenancy deed override an existing will?

Does a joint tenancy deed override an existing will?

Full question:

Does a joint tenancy deed cancel out an existing will?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Arizona

Answer:

Joint tenancy property does not go through probate; it transfers directly to the surviving tenant upon death. However, a joint tenancy can be severed, making the property part of one person's estate, which then passes to their heirs according to their will.

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

Does a survivorship deed override a will?

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.

Does right of survivorship trump a will?

Does a will override a survivorship deed?

Can a will defeat a joint tenancy?

Does a quitclaim deed override a will?

What takes precedence, a will or a deed?

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