Rich, Fuidge, Bordsen & Galyean

Joint Ownership Attorney in Yuba-Sutter

Joint ownership is a common way for families in Yuba City, Marysville, and throughout Yuba County and Sutter County to hold property. However, understanding how joint ownership works—particularly the right of survivorship—is crucial for proper estate planning.

What is Joint Tenancy?

Joint tenancy is co-ownership of an asset by two or more persons in equal and undivided interests. Each joint tenant has an equal right to possess and use the entire property. This creates a fundamental legal principle called “right of survivorship.”

Right of Survivorship Explained

When a joint tenant dies, their interest in the property vests immediately in the surviving joint tenant(s). The deceased’s interest transfers automatically by operation of law—not through the will or trust. This means the surviving joint tenant receives the property regardless of what the deceased’s will or trust document says.

Exception: If both joint tenants die simultaneously, their wills control the disposition of the property.

Key Advantage: Avoiding Probate

Because property held in joint tenancy passes automatically to the surviving joint tenant(s), it avoids the probate process. This saves time, reduces costs, and maintains privacy—beneficiaries don’t have to wait months for probate proceedings to conclude.

Clearing Title After Death

When a joint tenant dies, the title can be cleared by filing an affidavit of death of joint tenant with the county recorder’s office. Our Yuba-Sutter attorneys can guide you through this process to ensure proper title transfer.

Is Joint Tenancy Right for You?

While joint tenancy offers probate avoidance, it’s important to understand all implications. Joint ownership may affect estate tax planning, creditor protection, and your overall estate plan. Our attorneys in Marysville and Yuba City help you determine if joint tenancy aligns with your goals.

Expert Joint Ownership Guidance

Rich, Fuidge, Bordsen & Galyean, Inc. serves families throughout Yuba-Sutter with thoughtful advice on property ownership structures and their role in your estate plan.

Contact Us Today

Have questions about joint ownership or how it fits into your estate plan? Call (530) 742-7371 to speak with our experienced attorneys.