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When it comes to co-owning property in Georgia, the legal details matter—especially after one owner dies. One key concept is the right of survivorship.
Whether you’re buying a home with a spouse, a parent, or a business partner, understanding how right of survivorship works can help you avoid probate issues and family disputes later on.
What Is the Right of Survivorship?
The right of survivorship is a legal provision that allows property to automatically transfer to the surviving owner(s) when one owner dies. The deceased person’s share doesn’t go through probate—it simply disappears, and the survivors own the full interest.
How It Works in Georgia
Georgia law allows right of survivorship only if it is clearly written into the deed or title. It’s not automatic.
There are two main ways people co-own property in Georgia:
1. Tenancy in Common (Default)
- Each owner has a separate share
- No right of survivorship
- When one owner dies, their share passes according to their will or Georgia intestate law
- Common among unmarried co-owners or inherited property
2. Joint Tenancy with Right of Survivorship (JTWROS)
- All owners have equal rights to the property
- If one dies, their share goes automatically to the others
- Avoids probate
- Must be explicitly stated in the deed
Example:
A married couple owns a home with right of survivorship. When one spouse dies, the surviving spouse automatically becomes sole owner—no probate required.
How to Create a Right of Survivorship in Georgia
To establish a right of survivorship, the language in the deed must be clear. Georgia courts require specific wording, such as:
“As joint tenants with right of survivorship, and not as tenants in common.”
Simply saying “joint tenants” may not be enough. If the intent isn’t clearly documented, the default will be tenancy in common—even if the parties thought otherwise.
👉 Related: Does a Living Trust Have a Tax ID (EIN)?
When the Right of Survivorship Matters Most
Understanding and correctly setting up right of survivorship can:
- Avoid probate delays and costs
- Prevent ownership disputes among heirs
- Keep property in the hands of the surviving owner(s) immediately
- Make estate planning smoother for married couples or co-owners
It’s especially useful for:
- Married couples
- Parents adding children to a deed (with caution)
- Joint bank accounts or investment accounts
However, it’s not always the right solution—especially if you want your interest in the property to pass to someone else (like your children) instead of your co-owner.
Can Right of Survivorship Be Removed?
Yes. Co-owners can agree to:
- Remove the survivorship provision
- Convert the ownership to tenancy in common
- Transfer ownership into a trust or LLC for estate planning purposes
These changes must be properly documented with updated deeds and filings.
Final Thoughts
The right of survivorship in Georgia can be a powerful tool for passing property without court involvement—but only if it’s set up correctly.
At Hurban Law, LLC, we help families and individuals structure property ownership the right way, whether through deeds, trusts, or full estate plans. Don’t leave your intentions open to interpretation.
Contact us today to review your deed or estate plan and make sure your property is protected.
