Property Ownership
A Hawaii property owner holds title in joint tenancy. If one joint tenant dies, what happens to their interest?
AA. It passes to their heirs through probate
BB. It automatically passes to the surviving joint tenant(s) by right of survivorship✓ Correct
CC. It reverts to the state of Hawaii
DD. It is divided equally among all heirs and remaining joint tenants
Explanation
Joint tenancy includes the right of survivorship. When a joint tenant dies, their interest automatically passes to the surviving joint tenant(s) without probate.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
Fee SimpleThe highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.
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