Joint Deed

Joint tenancy is a way of avoiding probate simply by putting the words "joint tenancy" in the title of an asset.If property is owned in joint tenancy, the surviving joint tenant will receive the deceased joint tenant's interest in the property, regardless of what that person's will or trust says about the property.

Joint tenancy is ideal for spousesJoint tenancy might look like an appealing shortcut in estate planning because it contains a right of survivorship, meaning assets avoid the probate process and surviving joint tenants assume immediate control. However, joint tenancy does have substantial risk associated with it.

In cases where a couple shares a home but only one spouse's name is on it, the home will not automatically pass to the surviving pass, if his or her name is not on the title.

If the deceased owned real property in NSW as 'joint tenants' with another person, the property will need to be transferred to the surviving joint tenant.You do not need to apply for a grant of probate or letters of administration to transfer property held in joint names.

The dangers of joint tenancy include the following: Danger #1: Only delays probate. When either joint tenant dies, the survivor usually a spouse or child immediately becomes the owner of the entire property. But when the survivor dies, the property still must go through probate.

The primary advantage of joint tenancy is it allows you to avoid probate of the property. Upon a joint tenant's death, the surviving joint tenant immediately owns the entire interest in the property and this takes place without any probate process.

Jointly-owned property.There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.

Property owned in joint tenancy automatically passes, without probate, to the surviving owner(s) when one owner dies. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, securities, or other valuable property together.

Joint tenancy occurs when two or more people hold title to real estate jointly, with equal rights to enjoy the property during their lives. If one of the partners dies, their rights of ownership pass to the surviving tenant(s) through a legal relationship known as a right of survivorship.