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HomeProbate CodeDiv. 2Pt. 5Ch. 1§ 223 Joint Tenant Death Order

§ 223 Joint Tenant Death Order

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 223 Joint Tenant Death Order

This law tells how property owned by joint tenants is divided when all the owners die at the same time and we can't prove who died first.

Key Takeaways

  • •Joint tenants include owners who get the whole property when the other dies.
  • •If two joint tenants die together and we can't tell who died first, the property is split half‑and‑half.
  • •If more than two joint tenants die together, the property is divided into equal parts for each tenant.

Example

Two brothers own a vacation cabin as joint tenants. They both die in a house fire at the same moment, and there is no evidence showing which brother died first.

Because we can't tell who survived the other, the cabin is treated as if each brother had survived the other, so the cabin is split into two equal halves for their heirs.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 223 Joint Tenant Death Order

(a) As used in this section, “joint tenants” includes owners of property held under circumstances that entitled one or more to the whole of the property on the death of the other or others. (b) If property is held by two joint tenants and both of them have died and it cannot be established by clear and convincing evidence that one survived the other, the property held in joint tenancy shall be administered or distributed, or otherwise dealt with, one-half as if one joint tenant had survived and one-half as if the other joint tenant had survived. (c) If property is held by more than two joint tenants and all of them have died and it cannot be established by clear and convincing evidence that any of them survived the others, the property held in joint tenancy shall be divided into as many portions as there are joint tenants and the share of each joint tenant shall be administered or distributed, or otherwise dealt with, as if that joint tenant had survived the other joint tenants. (Enacted by Stats. 1990, Ch. 79.)

Last verified: January 11, 2026

Key Terms

joint tenantsclear and convincing evidencesurvived

Related Statutes

  • § 222 Simultaneous Death Rules
  • § 220 Simultaneous Death Rule
  • § 224 Simultaneous Death Rule
  • § 1000 Probate Proceedings Civil Rules
  • § 1001 Judicial Council Rulemaking Authority

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 223.
View Official Source