Does a Joint Tenancy Override a Will?

Does a Joint Tenancy Override a Will?


No, a will usually doesn’t override a joint tenancy deed, since a will is subject to probate, but a joint tenancy deed is not. When assets are held in joint tenancy, the surviving joint tenants automatically receive the deceased joint tenant’s entire share of the property upon the tenant’s death.

Because a joint tenancy deed is nothing more than the legal document that establishes the joint tenancy, a will generally does not override it. Asking whether a will overrides a joint tenancy deed is no different from asking whether a will overrides a joint tenancy, which is the very topic this article discusses.





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