Right of Survivorship
Pronunciation: rite of sur-vie-vor-ship
A legal feature where jointly held property automatically passes to the surviving owner — bypassing the will entirely.
Definition
A legal feature of joint ownership where, on the death of one owner, the property automatically passes to the surviving owner without going through probate. Common examples: a home held as joint tenants with right of survivorship (JTWROS), or a bank account with a named survivor.
Because right-of-survivorship transfers happen outside the will, they can unintentionally override an Islamic distribution plan: a home titled JTWROS with a spouse will pass entirely to that spouse regardless of what your Islamic will says. Muslim families should audit how each asset is titled and align it with the Faraid plan before signing the will.
Related Terms
Probate
The court-supervised process of validating a will and administering the deceased's estate.
Wasiyyahوصية
An Islamic will — allowing a Muslim to bequeath up to one-third of their estate outside the fixed inheritance shares.
Faraidفرائض
Islamic inheritance law prescribing fixed shares for heirs based on Quranic guidelines.
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Right of Survivorship — A legal feature where jointly held property automatically passes to the surviving owner — bypassing the will entirely. A legal feature of joint ownership where, on the death of one owner, the property automatically passes to the surviving owner without going through probate. Common examples: a home held as joint tenants with right of survivorship (JTWROS), or a bank account with a named survivor.
- A legal feature where jointly held property automatically passes to the surviving owner — bypassing the will entirely.
- Category: Estate Planning
- Related: Probate, Wasiyyah, Faraid
- Compare related Shariah-compliant products on HalalWallet
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Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-05-01
Editorial Team, HalalWallet
Independent halal finance research · A member of Niya
Reviewed quarterly and updated for major content changes.