What happens to a joint tenant's share upon their death?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

In a joint tenancy, one of the key features is the right of survivorship. This means that when one joint tenant dies, their share does not become part of their estate and is not subject to probate. Instead, the deceased's interest in the property automatically transfers to the surviving joint tenants. This transfer occurs instantly and does not require any formalities or processes, such as the need to sell the share or to go through probate.

The other options indicate scenarios that do not conform to the principles of joint tenancy. For example, requiring a sale of the share or dividing among all tenants does not align with the survivorship aspect that is fundamental to joint tenancies. Similarly, if the share were to go to the deceased's estate, it would contradict the very purpose of forming a joint tenancy, which is to allow for an automatic transfer upon death. Thus, the automatic reversion of the deceased's share to the surviving joint tenants is the correct outcome in this situation.

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