In a Joint Tenancy, what happens to a deceased co-tenant's interest?

• A. Surviving joint tenants take by right of survivorship.
• B. Interest passes to heirs by will.
• C. Interest becomes tenancy in common.
• D. Interest is extinguished.

Answer: (A)

Right of survivorship is the key idea. In a joint tenancy, the four unities—possession, interest, time, and title—create a right of survivorship: when a co-tenant dies, that deceased person’s interest doesn’t go to heirs or pass by will. Instead, it immediately vests in the surviving joint tenants. So the property remains with the living co-owners, and the deceased’s stake is absorbed by them. If two hold as joint tenants, the survivor ends up owning the whole property; with three or more, the surviving joint tenants share the property among themselves. The interest isn’t extinguished; it’s transferred by operation of law to the survivors.