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In Illinois does title held as "Joint Tenants" automatically grant right of survivorship?

Hilo, HI |

I have read that a handful of state still require the tack on phrase " with right of survivorship " to allow a joint tenant's interest to transfer by operation of law at the other T's death . ( assuming there are 2 tenants ) . Does Illinois require the extra wording " with right of survivorship " or is Illinois a state that does not require the phrase and allows the property to pass to the other tenant without probate ?

Attorney Answers 1


I will note that I am an Ohio attorney, but most states require that "with rights of survivorship language to make it a survivorshipt tenancy. Otherwise, as you noted, it would just be a joint tenancy and an estate would need to be opened so that you could transfer the property.

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