Property Ownership

Under Missouri law, which type of property ownership automatically avoids probate upon death?

ATenancy in common

BJoint tenancy with right of survivorship or tenancy by the entirety✓ Correct

CFee simple ownership alone

DCommunity property

Explanation

Properties held in joint tenancy with right of survivorship (JTWROS) or tenancy by the entirety (married couples) in Missouri automatically pass to the surviving co-owner(s) upon death without going through probate.

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Key Terms to Know

Fee Simple

The highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.

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 Common

Co-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.

Community Property

In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.