The full explanation
Generally the deed has to say so; if it does not, the ownership is presumed to be a tenancy in common. That is the case, for example, in Arizona and Florida, where the law requires the deed to state the right of survivorship expressly.
An example
Elena and her daughter buy a home as joint tenants with right of survivorship. If Elena dies, the whole home goes to her daughter, without that share passing through Elena's will.
You will see it in…
- The deed, in the phrase “joint tenants with right of survivorship”
- The closing documents where you decide how the names go on the title
- The county records where the deed is kept
