When it comes to owning property with someone else, the way you hold title matters — especially for estate planning. Two common forms of ownership are joint tenants with rights of survivorship (JTWROS) and tenants in common. Understanding the difference can prevent unintended consequences for you and your heirs.

I’m Christopher Small, owner of CMS Law Firm in Washington State. We specialize in estate planning and probate, and I want to clarify how these ownership types work.

Joint Tenants with Rights of Survivorship (JTWROS)

With joint tenants with rights of survivorship, all owners have an equal share of the property, and the defining feature is automatic survivorship:

• If one owner dies, the remaining owner(s) automatically inherit the deceased person’s share.

• This transfer happens outside of probate, meaning the property doesn’t go through the court system.

• It’s commonly used by married couples or partners who want property to pass immediately to the surviving owner.

Example:
If you and a co-owner hold a house as joint tenants and one of you passes away, the surviving owner automatically becomes the sole owner.

Tenants in Common

Tenants in common works differently:

• Each owner holds a specific share of the property, which can be unequal if desired.

• When an owner dies, their share does not automatically go to the other owners. Instead, it passes according to their will, trust, or, if none exists, state intestacy laws.

• This type of ownership is more flexible for estate planning but requires careful planning to ensure property goes where you want.

Example:
If you and a co-owner hold a house as tenants in common and you pass away, your portion could go to a family member or anyone you designate in your will — not necessarily to the surviving co-owner.

Why This Matters for Estate Planning

Choosing the right form of ownership can prevent conflicts, delays, and unexpected transfers. Consider the following:

• If your goal is for the property to pass automatically to the surviving owner, joint tenancy with rights of survivorship is appropriate.

• If you want more control over who inherits your share or want to leave it to someone outside the co-owners, tenants in common is likely a better option.

• Regardless of the choice, a solid estate plan ensures your property goes exactly where you intend.

Final Thoughts

Understanding joint tenancy vs. tenants in common is a crucial part of property and estate planning. Without proper planning, your property may not pass to the intended person, creating confusion and potential legal complications.

If you need help with estate planning or probate in Washington State, visit cmslawfirm.com. My team and I can guide you in structuring property ownership that aligns with your goals and protects your loved ones.