Brown Borkowski & Morrow

Free Consultation 888-757-1681

  • Home
  • Firm Overview
    • Why Hire Us?
    • Support Staff
  • Attorneys
    • Susan Leigh Brown
    • Thomas J. Borkowski, Jr.
    • Matthew N. Morrow
    • Mary A. Mahoney
    • Sara Gorman Rajan
    • Sarah Nasser
  • Practice Areas
    • Business & Corporate Law
    • Business Property Tax Appeals
    • Family Law
    • Estate Planning
    • Probate & Estate Administration
    • Trust Administration
    • Elder Law
    • Real Estate Law
  • Testimonials
  • Attorney Referrals
  • Resources
    • Articles
  • Blog
  • Contact Us
Brown Borkowski & Morrow
  • Home
  • Firm Overview
    • Why Hire Us?
  • Our Team
    • Attorneys
      • Susan Leigh Brown
      • Thomas J. Borkowski, Jr.
      • Matthew N. Morrow
      • Mary A. Mahoney
      • Sara Gorman Rajan
      • Sarah Nasser
    • Support Staff
  • Practice Areas
    • Business & Corporate Law
    • Business Property Tax Appeals
    • Family Law
    • Estate Planning
    • Probate & Estate Administration
    • Trust Administration
    • Elder Law
    • Real Estate Law
  • Attorney Referrals
  • Testimonials
  • Resources
    • Blog
    • Articles
  • Contact Us
  • X Close
Email
CALL

A GREAT LEGAL TEAM TO GUIDE YOU

Joint tenancy to avoid probate: Pros and cons

On Behalf of Brown Borkowski & Morrow | Sep 2, 2022 | Estate Planning |

Many people want to avoid probate because the process is long, expensive, and public. One method to avoid the probate process for real property, brokerage accounts, and bank accounts is to title those Michigan assets as a joint tenancy with the right of survivorship by including your intended heir as a co-owner. Using a joint tenancy with the right of survivorship to avoid probate has both pros and cons.

Pros of joint tenancy with the right of survivorship to avoid probate

When you retitle your home, bank account, or investment account in both your name and that of your intended heir, the property will pass directly to the co-tenant without having to go through probate. Three advantages of using a joint tenancy with the right of survivorship to avoid probate in estate planning include the following:

• Property immediately transferred upon death without needing to go through the court

• Simple to set up by retitling the property

• Inexpensive to create

• Equal rights and responsibilities among the joint tenants

Cons of joint tenancy with the right of survivorship to avoid probate

While there are some benefits of creating a joint tenancy with the right of survivorship, you should also consider the following disadvantages:

• A joint tenant’s creditors could come after the jointly-owned property

• To sell the property, all of the tenants must agree

• Joint tenancy with the right of survivorship can’t be changed once created

• Doesn’t avoid probate for the surviving joint tenant

While a joint tenancy with the right of survivorship can be used to avoid probate, there are also other options that can be used to do so without the risks mentioned above. For example, creating a trust and transferring ownership of the real property, bank account, or investment account to the trust and naming the intended heirs as trust beneficiaries can also avoid probate while protecting your property against the reach of your intended beneficiaries’ creditors.

Recent Posts

  • Choosing the right personal representative for your will
  • 3 ways to prevent family conflict when writing a will in Michigan
  • Buying a business: What if due diligence finds red flags?
  • 5 ways to include your business in your estate plan
  • How do noncompete agreements work for Michigan business owners?

Categories

RSS Feed

Subscribe To This Blog’s Feed

Contact Brown Borkowski & Morrow

Brown Borkowski & Morrow


Address

37887 W 12 Mile Road
Farmington Hills, MI 48331

Ph: 888-757-1681

Farmington Hills Law Office
Brown Borkowski & Morrow


Phone

248-987-4040
  • Follow
  • Follow
  • Follow
Review The Firm

© 2026 Brown Borkowski & Morrow • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review The Firm