Why Property Titling Trumps Your Will
Many people assume that whatever they write in a will governs all of their property. In reality, how a property is titled on the legal deed determines who inherits it — and a will may have no authority whatsoever over jointly owned assets.
This distinction matters enormously for seniors who co-own a home with a spouse, adult child, or sibling. If you purchased that home decades ago and never revisited the title, you may be operating under assumptions that no longer match your estate goals.
For a broader comparison of the tools available to transfer assets, see our guide to wills versus living trusts.
~55%
U.S. adults without an up-to-date estate plan
Surveys consistently show a majority of Americans lack a current will or trust, leaving property titling as the default inheritance mechanism.
9 states
Community property states in the U.S.
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin apply community property rules that affect how jointly acquired marital assets are inherited.
The Two Main Types of Joint Ownership
Joint Tenancy With Right of Survivorship (JTWROS)
This is the most common form of joint ownership between spouses. When one owner dies, their interest automatically transfers to the surviving owner — no probate, no will required. The deed itself contains the survivorship language that makes this happen.
The practical effect: if you hold your home as JTWROS with your spouse and you die first, your spouse inherits the full property regardless of what your will says. Your children, siblings, or other intended heirs receive nothing from that asset through the estate.
Tenancy in Common (TIC)
Here, each owner holds a defined, separate share — often equal, but not always. Crucially, each owner can leave their share to anyone they choose in a will. There is no automatic survivorship. If you own 50% of a property as a tenant in common and die, your 50% passes according to your will (or, if you have no will, according to your state's intestacy laws).
To understand what happens without a will in place, see what happens to assets when there is no will.
Community Property States: A Different Framework
If you live in one of the nine community property states — including California, Texas, and Arizona — different rules apply. Assets acquired during marriage are generally considered owned equally by both spouses, regardless of whose name is on the title. Each spouse typically has the right to will their half of community property to someone other than the surviving spouse.
Some community property states also offer community property with right of survivorship, which blends community property treatment with automatic survivorship transfer. The rules are nuanced and vary by state, making professional legal advice essential in these jurisdictions.
Transfer-on-Death Deeds: A Newer Option
Many states now allow a transfer-on-death (TOD) deed, sometimes called a beneficiary deed. This lets a sole owner — or co-owners — name a beneficiary who receives the property automatically at death without probate, while the owner retains full control during their lifetime. Availability and rules vary significantly by state, so confirm whether your state recognizes TOD deeds and what formalities are required.
What This Means for Your Estate Plan
The most important step is to pull out your property deeds and read them. The titling language tells you exactly what type of ownership you hold. If that titling conflicts with your current wishes, an estate planning attorney can advise on options — such as converting to tenancy in common, adding a transfer-on-death deed where your state allows it, or placing the property in a revocable living trust.
Misaligned titling is one of the most common estate planning pitfalls that complicate things for the people left behind. Addressing it now, while you can, prevents confusion and family conflict later.
For a full overview of estate planning tools, including how trusts can hold and protect jointly owned assets, visit our estate planning resource hub.
This article is for general informational and educational purposes only and does not constitute legal, financial, or tax advice. Laws governing property ownership and estate planning vary significantly by state. Consult a licensed estate planning attorney in your jurisdiction for guidance specific to your situation.
