Survivorship
/sərˈvʌɪvərʃɪp/
Definitions
- (n.) The right or provision that determines who inherits property upon the death of a co-owner or spouse, particularly in joint tenancy or tenancy by entirety.
Under survivorship, the property automatically passes to the surviving joint tenant without probate.
- (n.) The future interest retained by a survivor in a will or trust arrangement, often indicating benefits contingent on outliving another party.
The trust's survivorship clause grants the assets to the beneficiary who outlives the other.
Forms
- survivorships
Related terms
See also
Commentary
The term is key in property and estate law to clarify ownership transfer after death; drafters should specify survivorship rights to avoid unintended probate.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.