What is a Survivorship Deed?
A Survivorship Deed transfers real estate ownership to co-owners with a right of survivorship, meaning a deceased owner’s share automatically transfers to the surviving owner(s) without going through probate.
Often, married couples, domestic partners, and family members use Survivorship Deeds to ensure real estate interest automatically transfers to the right person after a co-owner dies. In this sense, it can be a powerful estate planning tool.
A Survivorship Deed is also known as a:
- Right of survivorship deed
- Joint tenancy deed
- Deed with survivorship
Parties to a Survivorship Deed
The parties involved in a Survivorship Deed are as follows:
- A grantor is a person whose name is currently on the property's title. There can be multiple grantors if more than one person is on the title.
- A grantee is a person receiving property ownership. A Survivorship Deed will always include multiple grantees.
Important: A person can be both a grantor and a grantee.
For example, if Jordan marries Alex and wants to add him to the property title with a Survivorship Deed, Jordan is the grantor, and Jordan and Alex are the grantees. |
How does a Survivorship Deed work?
A Survivorship Deed works as follows:
- The grantor creates, signs, and notarizes the Survivorship Deed.
- The grantor delivers the deed to the grantee(s).
- The grantees file the deed with the county recorder’s office.
- Each grantee now owns an equal share of the property. The shares are not distinct, so they cannot be transferred to anyone else (such as by sale or in a Will).
- When one grantee passes away, their share is equally divided among the remaining grantees, avoiding the probate process.
- The last living grantee will own 100% of the property.
If a grantor is married, LawDepot's Survivorship Deed template requires their spouse to sign the deed too.
A Survivorship Deed must be filed to create a public record of the property owners’ interest so that others cannot claim ownership interest. The grantees should file it with the county recorder's office in the jurisdiction where the property is located.
When to use a Survivorship Deed
A Survivorship Deed may be useful in the following situations:
Adding one or more people to a property title
Using a Survivorship Deed to add someone to a property title is an effective way to establish co-ownership and secure the right of survivorship.
For example, suppose Susan and Henry get married. Susan owns a house that she bought before meeting Henry. She wants to own the house with Henry. To make him an equal co-owner and ensure they’ll automatically inherit each other’s share if one of them passes away, Susan can use a Survivorship Deed.
A Survivorship Deed can add anyone to a title, whether it’s a spouse, domestic partner, adult child, relative, or friend.
Gifting real estate to multiple people
A grantor can use a Survivorship Deed to give up their entire ownership interest and gift real estate to multiple people.
For example, suppose an elderly parent owns a vacation cabin and wants to pass it along to their children. The parent wants to ensure the cabin stays in the family. To make their children co-owners with the right of survivorship, the parent can use a Survivorship Deed.
Buying or selling real estate
A Survivorship Deed could be used when buying or selling real estate. However, using this type of deed makes the most sense when the buyer and seller are family.
For example, suppose you and your spouse want to buy your father’s farm. Having your father use a Survivorship Deed to transfer ownership, instead of a Quitclaim Deed, will ensure you and your spouse both have the right of survivorship.
Survivorship Deed FAQs
