QUESTION

In the state of Georgia, does a deed which states "joint tenancy" but DOES NOT INCLUDE the words "with the right of survivorship"

Asked on Apr 29th, 2016 on Wills and Probate - Georgia
More details to this question:
result in the sole survivor, upon trying to sell the property; having to go through probate first if he wants to sell the property or quit claim it to adult children? The lawyer at closing several years ago states he included those words but the deed does not show this. Thank you!!
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
If the deed to a parcel of Georgia real estate says that the property is being transferred to "X and Y, as joint tenants," then that is sufficient to create a joint tenancy, and the deceased owner's interest transfers automatically to the surviving owner with no probate needed. However, when you say that the deed does NOT actually contain these words, although the attorney at the closing said it did, then what actually matters is the deed. If the deed just shows that the property was transferred to "X and Y" and there is no additional language such as "as joint tenants" or "with rights of survivorship," or that clearly state in some other manner that a deceased owner's interest is intended to automatically pass to the surviving owner at the deceased owner's death, then the property is owned as tenants in common. If the property you describe is held under a deed that does not actually contain the required language to create a joint tenancy, then unfortunately yes, the deceased owner's estate will need to be opened and administered, and the deceased owner's interest in the property will pass under either the Will (if there is a valid Will that is admitted to probate) or intestacy; or, if a surviving spouse and/or surviving minor child makes a successful claim for year's support and is awarded the property as part of that claim, the property will pass under the year's support award. My suggestion is to have a probate attorney review the existing deed and help you figure out what needs to be done to deal with the property (and the rest of the deceased owner's probate estate, if needed).
Answered on May 12th, 2016 at 6:01 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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