In joint tenancy, what aspect is critical for the passage of property upon death?

In joint tenancy, the critical aspect for the passage of property upon death is the concept of survivorship rights. Joint tenancy is characterized by the right of survivorship, meaning that when one joint tenant dies, their interest automatically passes to the surviving joint tenants, rather than being part of the deceased's estate. This is a defining feature of joint tenancy, distinguishing it from other forms of ownership, like tenancy in common, where there is no right of survivorship.

The survivorship right ensures that the remaining joint tenants immediately inherit the deceased's share of the property without the need for probate, allowing for an efficient transfer of property rights. This legal principle reinforces the idea that ownership continues among the surviving parties, thereby preventing encumbrances from the deceased’s debts and any potential claims from their estate.

While the decedent's debts and other choices may have relevance in different contexts, they do not directly influence the automatic transfer of property through survivorship, which is the hallmark of joint tenancy. Therefore, survivorship rights are essential for property passage upon death in joint tenancies.