What is a Survivorship Deed?

A Survivorship Deed is a legal document that transfers real estate ownership to co-owners with a right of survivorship. When one owner passes away, their share automatically transfers to the surviving owner(s) to help avoid probate.

The parties are the grantor, whose name is currently on the property title, and the grantee, who receives ownership of the property. In some situations, a person can be both the grantor and grantee, and there can be more than one of either party.

Survivorship Deeds can be a powerful estate planning tool that is also known as a:

• Right of survivorship deed
• Joint tenancy deed (with survivorship)
• Deed with survivorship

LawDepot’s Survivorship Deed template is available to customize for all US states and is designed to reflect common state requirements.

How does a Survivorship Deed work?

A Survivorship Deed works as follows:

1. The grantor creates, signs, and notarizes the Survivorship Deed.
2. The grantor delivers the deed to the grantee(s).
3. The deed is filed with the county recorder’s office.
4. Each grantee now owns an equal share of the property as co-owner with right of survivorship. No owner can pass their share in a Will to a third party.

When one of the owners passes away, their share is divided equally among the remaining grantees, thereby avoiding probate. The last remaining owner will have full ownership of the property and can transfer it by deed or through their own estate plan. 

If a grantor is married, LawDepot's Survivorship Deed template will also require their spouse to sign the deed. 

When to use a Survivorship Deed

Survivorship Deeds are often used to ensure real estate interests automatically transfer to the right person upon a co-owner's death. Co-owners of property are often married couples, domestic partners, or family members.

Examples of when this document can be useful include:

• Adding one or more people to a property title
• Buying or selling real estate with multiple family members or friends instead of using a Quitclaim Deed
• Gifting real estate to multiple people

Benefits of using a Survivorship Deed

Using a Survivorship Deed benefits both grantors and grantees. It helps co-owners who hold equal shares of the property as joint tenants with right of survivorship (JTWROS) avoid probate for that property when one owner dies. It also allows a grantor to add a new co-owner to a title with ease.

What types of ownership can a Survivorship Deed establish?

Each state has different practices that dictate the types of ownership you can establish with a Survivorship Deed. 

With these three common types of ownership established, a deceased co-owner’s share typically passes automatically to the surviving owners without going through probate:

1. Joint tenancy with the right of survivorship

Joint tenancy with right of survivorship (JTWROS) means multiple people share equal ownership of the property. The joint tenants can be married and non-married couples, relatives, friends, business associates, etc.

This type of ownership does not protect each owner from the other's liabilities. For example, if one owner goes bankrupt, creditors could force the sale of the property to get their share.

2. Community property with right of survivorship

Community property with right of survivorship is only available to spouses. This type of ownership means each spouse owns 50% of the property and any debts they may have incurred. Upon death, the surviving spouse will automatically receive the other's share.

Community property ownership provides fewer protections to each owner than a tenancy by the entirety.

3. Tenancy by the entirety

Tenancy by the entirety is available only to spouses, where recognized. Both spouses are treated as a single legal owner of the entire property, and if one spouse dies, the surviving spouse automatically receives full ownership.

Under a tenancy by the entirety, neither spouse can dispose of property without the other's consent.

Key features of Survivorship Deeds

Survivorship Deeds have key features, such as automatic transfers, meaning the ownership of property legally shifts to the survivor right away when a co-owner passes away, usually without going through probate. Additionally, all owners typically have equal rights and interests in the property.

Elements that Survivorship Deeds typically have include:

• The grantor and grantee information, such as the name, address, and sometimes marital status.
• The property’s location and legal description, such as the state, county, and parcel number of the property.
• Price and tax details, if applicable, such as who should receive the tax statement or the price to transfer the property.
• Notarization acknowledging the grantors’ signatures.

How to create a Survivorship Deed

LawDepot’s Survivorship Deed template helps you create your document in minutes. Select the kind of property being transferred (i.e., residential, commercial, or undeveloped land), then complete the following steps:

1. Name your role in the transfer 

Select one of the following to establish whether you’re the grantor or the grantee:

• Selling or transferring a title
• Buying or receiving a title
• Adding someone to a title

2. Add the property details

Give the state and county where the property is located, along with the legal land description. 

Our questionnaire will then ask for additional property information that your state may require in your deed, such as:

• Any reservations (clauses that retain or create a new property interest or right in favor of the grantor).
• Any encumbrances (existing interests or rights in the property held by someone other than the grantee, such as easements, liens, or covenants).
• A parcel ID number, which is a unique code assigned to a piece of real estate.
• Any prior deed details, also known as a prior grant.

3. Provide the parties' details

Include the name, address, and marital status of the grantor(s) and the grantee(s) so the deed clearly shows who is transferring the property and who is receiving the title. 

4. Give the price and taxes for the property

For a transaction to be binding, each party must exchange something of value (i.e., consideration). To complete your deed, state the consideration of the transaction.

If the property is being sold, provide the sale price. If the property is being transferred as a gift, then use a nominal amount, such as $10.00, as the sale price.

Depending on your state, you may have to provide the address where the property’s tax notices should be sent. Also, you may have to state how outstanding taxes will be paid (e.g., by one or both parties). 

5. Choose an ownership type

Next, you may need to select which ownership type you want to establish. Depending on the state where the property is located, you’ll be able to choose one of the following options:

• Joint tenancy with right of survivorship (JTWROS)
• Community property with right of survivorship
• Tenancy by the entirety

Additionally, some states may require you to specify where you want the deed sent after it’s been recorded.

Does a Survivorship Deed need to be notarized?

Yes, Survivorship Deeds generally must be notarized. To be recorded at the local county recorder or clerk’s office, grantors must sign in front of a notary public. This authenticates the grantors' signatures, and helps strengthen the document in the event of future disputes.

LawDepot’s Online Notary allows you to notarize your deed from the comfort of your home. Our remote notary services are available for deeds in all states except Connecticut, Louisiana, Puerto Rico, and Texas. Always check with your local recorder, title insurer, or financial institution to be sure they accept electronic signatures.

Survivorship Deed vs. Transfer on Death Deed

Survivorship Deeds and Transfer on Death Deeds both help avoid probate when transferring property. However, they differ on when the transfer occurs.

Survivorship Deeds can create immediate co-ownership with equal rights, and then transfer the share of the property to the surviving owner(s) upon the death of one of the owners. Significant actions involving the whole property, like selling it, typically involve the consent of all owners.

Transfer on Death Deeds allow a grantor to retain full ownership and control of the property while they’re alive. It then transfers the property to a beneficiary upon their death, usually outside probate. This deed allows the grantor to revoke and change the beneficiary at any time before their death. Additionally, Transfer on Death Deeds are not valid for use in all US states.

Survivorship Deed vs. Living Trust

Survivorship Deeds and Living Trusts are both common estate-planning tools for passing property to another person smoothly, often helping avoid probate for that property. However, how they operate differs.

Survivorship Deeds create immediate co-ownership with equal rights and a built-in right of survivorship. 

In contrast, Living Trusts hold title to property in the name of a trustee (often the grantor acting as trustee) during the grantor’s lifetime and name beneficiaries to receive the property under the trust’s terms upon the grantor’s death. Trusts involve a trustee to manage the trust and can impose rules on when and how a beneficiary, such as a younger family member, can receive the property.

Survivorship Deed FAQs