JTROS is one of the most commonly used — and most commonly misunderstood — forms of property ownership in Pennsylvania. When it works as intended, it's a simple way to pass property outside of probate. When it doesn't, the consequences can be devastating.
When one joint tenant dies, the surviving joint tenant(s) automatically receive the deceased owner's share by operation of law. The property does not pass through the will and does not go through probate. This happens regardless of what the will says. A will that says "I leave my house to my daughter" is meaningless if the deed says "John Smith and Mary Smith, as joint tenants with right of survivorship."
⚠ JTROS Overrides Your Will
This is the single most important thing to understand about joint tenancy: the survivorship feature trumps everything — your will, your estate plan, your stated wishes, your family's expectations. If the deed says JTROS, the survivor gets the property. Period.
A parent adds an adult child to a bank account "just so they can help pay bills" or "in case something happens to me." The bank sets up the account as JTWROS. The parent dies. Legally, the child on the account now owns the entire balance — even if the parent's will says "divide everything equally among my three children." The other two children get nothing from that account.
This scenario generates more family disputes than almost any other estate issue we see. The child on the account claims the money was meant for them. The other children claim it was a convenience arrangement, not a gift. The resulting litigation — an Orphans' Court proceeding to determine the decedent's intent — is expensive and uncertain.
Unintended disinheritance: Parent adds one child to a deed as JTWROS to "avoid probate." Parent dies. That child now owns the entire property. Other children are disinherited — regardless of the will. This is especially problematic in blended families where the surviving joint tenant is a second spouse.
Creditor exposure: The moment you add someone as a joint tenant, their creditors can potentially reach the property. If your adult child has a judgment, tax lien, or bankruptcy, your home may be at risk.
Gift tax issues: Adding a non-spouse to a deed as a joint tenant is a taxable gift for federal purposes. If the property is worth more than the annual exclusion ($19,000 in 2025), a gift tax return may be required.
Loss of stepped-up basis: When property passes through a will or trust at death, the beneficiary receives a full step-up in basis to fair market value (eliminating capital gains on appreciation during the decedent's lifetime). With JTROS, only the deceased owner's share gets the step-up — the surviving owner's original basis carries forward, potentially creating a large capital gains tax bill on a future sale.
Inability to sell or refinance: Once someone is a joint tenant, you need their consent to sell, mortgage, or refinance. If the relationship sours or they become incapacitated, you may be stuck.
Between spouses (though TBE is usually better in PA), or in limited situations where the survivorship feature genuinely matches your intent and you've accounted for the tax and creditor implications. But in most cases, a properly drafted will or trust accomplishes the same probate-avoidance goal with far fewer risks.
Better Alternatives
If your goal is probate avoidance, consider: a revocable living trust (avoids probate with full control), transfer-on-death (TOD) designations for investment accounts, payable-on-death (POD) designations for bank accounts, or beneficiary deeds (not available in PA, but trusts accomplish the same result). Each has trade-offs — we can help you choose the right tool.
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