California Real Estate Practice Exam

What does the right of survivorship eliminate in a co-owned property?

1. The need for a will

2. The mortgage

3. The probate process

4. Joint tenancy agreements

The correct answer is: The probate process

The concept of the right of survivorship is pivotal in real estate, particularly concerning joint tenancy. This right allows for the automatic transfer of ownership interests in property upon the death of one co-owner directly to the surviving co-owners, rather than passing through the deceased's estate. Choosing the answer related to the probate process is appropriate, as the right of survivorship indeed eliminates the need for the property to go through probate upon the death of one owner. Probate is a legal process that addresses the distribution of a deceased person's assets. In joint tenancies with the right of survivorship, the surviving co-owners can directly inherit the deceased owner's share without the lengthy and often costly probate proceedings. In contrast, needing a will, dealing with the mortgage, or the nature of joint tenancy agreements does not directly relate to the right of survivorship. A will may still be necessary for other assets or properties outside of joint tenancy. Mortgages remain in effect regardless of ownership changes through survivorship. Joint tenancy agreements establish the ownership structure but are not eliminated by the right of survivorship; rather, they function together to facilitate that right.