Frequently Asked Questions

Is joint ownership a safe way to avoid probate?

Short answer

Joint ownership with a right of survivorship can let an asset pass directly to the surviving owner without probate. It can be the right choice when that result is intentional and fits the rest of your estate plan. But adding someone as an owner may also give them rights during your lifetime and may send the asset somewhere other than your trust or will directs.

In this answer

Joint ownership can be an effective way to transfer an asset at death. If two people own property with a right of survivorship, the surviving owner generally receives the property without using probate to transfer the deceased owner’s interest. The ownership documents and applicable law determine whether that right exists. Utah has specific rules for survivorship ownership of real estate.

That can be exactly what you want. Some estate plans deliberately use survivorship ownership, including plans that also contain trusts. The question is whether the result works for this asset, these owners, and the rest of the plan.

What else changes when you add an owner?

Joint ownership can affect more than the transfer at death. A joint bank-account owner, for example, may be able to withdraw money while you are both alive. The account agreement controls the owners’ rights, so adding someone to help with bills deserves more care than simply giving them a card or access to statements.

It can also change the inheritance. If you put one child on an account with survivorship rights, that account may pass to that child even if your will or trust calls for equal shares among your children. The child’s role as a helper and the child’s role as an owner are different decisions.

How does joint ownership fit with a trust?

A trust and survivorship ownership can coexist. You might intentionally leave one asset jointly owned and transfer another to a trustee. But each arrangement creates a different path at death. You need to know which path applies before relying on either one.

Joint ownership may also address only the first owner’s death. Once the surviving owner holds the property alone, that person needs a plan for what happens next. Review the deed or account agreement, the rights each owner has now, and how the asset will pass after each owner’s death.

The goal is to choose an ownership and succession strategy that carries out your wishes—not to avoid probate for one transfer while creating an unintended result elsewhere.

Joint ownership can be a useful way to avoid probate when the transfer it creates matches your wishes. Cardon Law can help you make sense of how each asset would pass and determine which ownership and estate planning strategy best fits your goals and situation.

Related questions

Can the way I own my assets undermine my estate plan?

Yes. A trust or will may state where you want property to go, but an asset’s title, account agreement, or beneficiary designation may create a different path. For example, survivorship ownership may transfer property directly to a co-owner. Adding a child as an account owner to help with bills may also give that child rights you did not intend.

Learn more: Can the way I own my assets undermine my estate plan?

What is a revocable trust?

A revocable trust is a trust the settlor can change or cancel during their lifetime, subject to its terms and applicable law. The settlor can generally direct how its assets are used and can take them back from the trustee. It can help provide for management during incapacity and a private transition after death when the assets and other parts of the estate plan are properly coordinated.

Learn more: What is a revocable trust?

What does it mean to fund a trust?

Funding a trust means transferring assets into it so the trustee can manage them under the trust’s instructions. The steps depend on the asset: a home may require a recorded deed, while a bank account or business interest requires a different form of transfer. Beneficiary designations also need review, but naming a beneficiary is not the same as transferring an asset into the trust.

Learn more: What does it mean to fund a trust?

What happens if I rely on Utah’s default inheritance rules?

Utah’s default inheritance rules determine who receives property that passes through your estate without effective instructions in a will. The result depends on which family members survive you and may differ from what you expect, especially in a blended family. Even when the recipients match your wishes, the rules do not provide the customized inheritance management or protections you could establish through an estate plan.

Learn more: What happens if I rely on Utah’s default inheritance rules?

How do I know whether my estate plan will actually do what I think it will?

Start by confirming that your signed documents reflect your wishes. Then check how your assets are titled and who is named on each beneficiary designation. An estate plan works through both its documents and the steps taken to put them into effect. Reviewing those pieces together can reveal an account, property, or business interest that would otherwise follow a different path.

Learn more: How do I know whether my estate plan will actually do what I think it will?

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Foundational Estate Planning

Foundational estate planning helps organize revocable trusts, wills, powers of attorney, probate avoidance, and incapacity planning into a clear legal framework your family can understand and rely on.

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