What Happens to Jointly Owned Property When One Owner Dies in Massachusetts?

If you own a home, land, or other property with someone else, one question matters a lot: what happens if one of you dies first? In Massachusetts, the answer usually depends on one thing: how the property is titled on the deed. This page walks you through the main ownership types, what happens at death, and what steps the surviving owner usually needs to take.

Types of Joint Ownership in Massachusetts

Massachusetts has a few common ways to own property with another person. The big three are:

Joint tenancy with right of survivorship, tenancy in common, and tenancy by the entirety (married couples only).

Each type of ownership has different legal consequences.

The structure determines:

• Whether property passes automatically at death
• Whether probate is required
• Who controls the property during life
• What rights creditors may have

Here’s the key point: Massachusetts does not assume survivorship unless the deed is clear.

Under M.G.L. c.184 §7, co-ownership is generally treated as tenancy in common unless the deed shows a different intent. That means survivorship rights usually need to be spelled out, not implied.

So when you hear, “My co-owner will automatically get the property,” the follow-up question is simple: Does the deed actually say that?

How Property Transfers When a Joint Owner Dies

When a co-owner dies, the next step depends on the form of ownership recorded in the deed.

If the property includes survivorship rights, the surviving owner automatically receives the deceased owner’s share.

This happens by operation of law, meaning the transfer occurs automatically under the title’s legal structure.

If the property does not include survivorship rights, the deceased owner’s share becomes part of their estate.

That share then follows the instructions in the will or the default inheritance rules under the Massachusetts Uniform Probate Code, found in M.G.L. c.190B.

This distinction is why two properties owned by the same people may transfer in completely different ways depending on how the deeds are drafted.

Joint Tenancy With Right of Survivorship

Joint tenancy with right of survivorship is a common form of co-ownership in Massachusetts.

Under this arrangement, all owners share equal ownership rights in the property. When one owner dies, the surviving owner automatically becomes the sole owner.

The deceased owner’s interest disappears and merges with the surviving owner’s interest. No probate case is required for that property.

Massachusetts law recognizes this structure when the deed clearly expresses survivorship rights.

If the deed states that owners hold property as “joint tenants with right of survivorship,” the transfer occurs automatically.

Because the transfer happens outside probate, this structure is sometimes used to simplify property succession.

However, it also limits control over who ultimately receives the property after the surviving owner dies.

For example, if two siblings own a home as joint tenants and one dies, the surviving sibling becomes the sole owner. The deceased sibling’s children do not inherit the property, even if the sibling’s will said otherwise.

Tenancy in Common

Tenancy in common is the default form of shared ownership in Massachusetts.

Under M.G.L. c. 184 § 7, if a deed does not clearly state survivorship rights, the law treats the owners as tenants in common.

Each owner holds a separate interest in the property. These interests may be equal or unequal depending on the deed.

When one owner dies, their share becomes part of their estate. The shares pass according to the owner’s will or, if there is no will, the inheritance rules under M.G.L. c. 190 B.

This means the surviving owner does not automatically receive the property.

Instead, the deceased owner’s heirs may inherit the share and become new co-owners.

For example, two friends might own a building as tenants in common. If one owner dies and leaves their share to their children, the surviving friend may suddenly find themselves co-owning the property with those children.

This structure allows flexibility but can create complicated ownership relationships after death.

Tenancy by the Entirety for Married Couples

Massachusetts also recognizes a special form of property ownership for married couples called tenancy by the entirety.

This form of ownership is governed by Massachusetts General Laws Chapter 209, Section 1.

Under tenancy by the entirety, both spouses are treated as a single legal unit for ownership purposes. When one spouse dies, the surviving spouse automatically becomes the sole owner of the property.

This transfer happens outside probate, similar to joint tenancy with survivorship rights.

However, tenancy by the entirety also provides additional protections. In many cases, creditors with claims against only one spouse cannot seize the property.

Because of these protections, married couples often use tenancy by the entirety for their primary residence.

Under Massachusetts law, unmarried partners cannot use this ownership structure.

What the Surviving Owner Must Do After Death

Even when property transfers automatically, the surviving owner must update the public ownership records.

In Massachusetts, real estate records are maintained by the Registry of Deeds in the county where the property is located.

To update ownership records, the surviving owner usually records:

• A certified copy of the death certificate
• An affidavit confirming the survivorship transfer

This documentation creates a clear public record showing that ownership has passed to the surviving owner.

Updating the title is important because it allows the owner to sell, refinance, or transfer the property later without legal complications.

If the property is registered land, the update may occur through the Land Court registration system, governed by M.G.L. c.185.

Mortgage lenders, insurance companies, and tax authorities may also require proof of the change in ownership.

When Joint Ownership Avoids Probate

Joint ownership with survivorship rights can allow property to pass outside probate.

Because the surviving owner automatically receives the property, the court process required by M.G.L. c.190B may not apply to that asset.

This can simplify the transfer process and reduce delays.

However, probate avoidance is only one factor to consider when choosing a property structure.

Joint ownership also creates shared control during life. Once someone becomes a joint owner, they typically gain legal rights to the property. In some cases, the property may also become vulnerable to that owner’s creditors.

Because of these risks, joint ownership should be used thoughtfully as part of a larger estate planning strategy.

Planning Considerations for Co-Owned Property

Many property owners focus only on what happens at death. But joint ownership also affects rights during life.

For example, some parents add a child to the title of a home to simplify inheritance. While this may avoid probate, it also gives the child immediate ownership rights. That change may affect taxes, creditor exposure, and control over the property.

Other families want property to pass to multiple heirs upon the surviving owner’s death. In those cases, joint ownership may not provide enough control over future transfers.

A trust or coordinated estate plan may provide more flexibility.

Understanding how property is titled today allows you to make informed decisions about what will happen in the future.

How an Estate Planning Lawyer Can Help in These Cases

Questions about jointly owned property often seem simple at first. In reality, small details in a deed or an ownership structure can lead to very different legal outcomes.

A DangerLaw, LLC estate planning lawyer helps review how your property is titled and explains what those choices mean under Massachusetts law.

A lawyer can also identify gaps between property ownership and your overall estate plan.

For example, a will may leave property to certain beneficiaries, but a deed may automatically transfer that property to a co-owner.

Reviewing these documents together helps ensure that everything works toward the same goal.

Estate planning attorneys also help update deeds when necessary and recommend structures that better match your long-term plans.

This might include adjusting joint ownership, coordinating beneficiary designations, or considering trust options.

Most importantly, careful planning reduces confusion for your family.

When ownership and estate documents align clearly, surviving relatives are less likely to face delays, disputes, or unexpected outcomes.

Frequently Asked Questions

Can my joint tenant automatically inherit my share of the property in Massachusetts without probate?

Yes, if the property is held as joint tenants with rights of survivorship, your share passes to the surviving joint tenant automatically at death. This happens outside probate, meaning no court process is needed. The surviving owner becomes the sole owner right away. However, the deed must clearly state “joint tenants with rights of survivorship” for this to apply. If the deed says “tenants in common” instead, your share goes through your will or intestacy laws—not automatically to the other owner.

What is the difference between joint tenancy and tenancy in common in Massachusetts?

Joint tenancy with survivorship means the surviving owner automatically gets the deceased owner’s share upon death. Tenancy in common means each owner has a separate share that passes through their estate. In Massachusetts, joint tenancy with survivorship requires the deed to explicitly state this arrangement. With tenancy in common, the deceased owner’s share goes to their heirs or whoever their will names, not to the other property owner. This distinction fundamentally changes what happens to the property.

Do I need to file any paperwork after a joint owner dies in Massachusetts?

Yes. Even though survivorship is automatic, you should file an affidavit or deed reflecting the change of ownership with the local registry of deeds. This updates the public record to show you as the sole owner. Some banks or lenders may require proof that the other owner has died before allowing you to refinance or modify the mortgage. Getting a certified copy of the death certificate is helpful for these updates.

Can we change how we own property together before one of us dies?

Yes. You can modify the deed to change from joint tenancy to tenancy in common, or vice versa. You can also add or remove owners. This requires a new deed recorded at the registry of deeds. Changes made during both owners’ lifetimes are straightforward, but changes after death are more complex. Planning ahead makes transitions smoother.

What happens to jointly owned property if there is a mortgage or debt against it?

The surviving owner inherits the property, but any mortgage or debt secured by it remains the responsibility of the estate or the surviving owner. Banks cannot automatically forgive the loan because one owner died. The surviving owner must continue payments or work with the lender to refinance. Debts do not disappear with survivorship—they attach to the property itself.