Two couples. Two side-by-side homes in Putnam County. The first couple owns their home as joint tenants with right of survivorship. When one spouse passes away, the other automatically becomes the full owner, with no probate for that property interest. The second couple, unknowingly listed as tenants in common, assumed the same would happen. Instead, their loved ones faced probate delays, family disputes, and a property that was suddenly frozen.
Your deed may be making decisions about your estate plan, whether you realize it or not.
How You Own the Home Matters
Here are the three most common forms of co-ownership in New York:
- Joint Tenancy with Right of Survivorship – When one owner dies, the other automatically inherits their share. The transfer happens by operation of law, with no probate required for that property interest.
- Tenants in Common – Each owner holds a distinct share. At death, that share passes through a will, a trust, or intestacy, often requiring action through Surrogate’s Court. There is no automatic transfer to the surviving co-owner.
- Tenancy by the Entirety – Available only to married couples in New York, this form provides survivorship and added creditor protection for certain debts incurred during the marriage.
While these ownership types may feel the same during life, they produce very different legal outcomes when one owner passes away.
What Can Go Wrong?
- Surprise probate: A well-written will still goes through probate. If your deed does not align with your overall plan, court involvement may follow, even if you thought you had avoided it.
- Trust breakdown: Some homeowners place their property in a trust to avoid probate, but later refinance or retitle it without realizing they removed it from the trust. If the home is not retitled back into the trust, the plan can fail.
- Family disputes: In blended families, unclear or inconsistent ownership often leads to conflict. Children from a first marriage may expect one outcome, while a surviving spouse sees another. Without a clear title, disputes arise over who owns what.
Start with a Simple Deed Audit
Not sure how your home is titled? Begin with a few key steps:
- Locate your most recent recorded deed
- Review your mortgage or refinance documents
- List who you want to receive the home after your passing
- Ask: Does my deed match my will or trust?
These small steps can prevent major surprises later.
Your deed should work with your estate plan, not against it. Feel free to contact us to review your property title and make sure your legacy is protected and clearly documented.
