Joint tenancy probate typically does not occur due to the law of rights of survivorship. Joint tenancy is when to people own a share of property or other real estate. When one owner dies the other owner automatically becomes the full owner of the property without the need for probate to occur. The property that is jointly owned is not considered a part of the estate and is separate from the deceased person's will. Joint tenancy probate creates cost savings, it is less expensive to set up a joint tenancy than it is to set up a living trust for the property in questions. In addition, joint tenancy probation provides a clear title to the property based on the right of survivorship.