Can I assert a right of survivorship under a deed to get a larger share of surplus funds?

Short answer: Possibly — but it depends on the deed language, timing of events, whether the joint tenancy was valid and not previously severed, and how Rhode Island foreclosure and surplus distribution procedures treat recorded interests. You will likely need proof (a recorded deed and a death certificate) and may have to act quickly to claim surplus funds or file a court claim.

Detailed answer — how right of survivorship can affect surplus funds in Rhode Island

This explanation assumes you are asking about surplus funds that remain after a foreclosure sale, sheriff sale, or similar judicial sale of real property. The same general ideas apply to other distributions tied to property ownership, but timing and local procedure matter.

1. What is a “right of survivorship”?

A right of survivorship means that when two or more people hold property as joint tenants with right of survivorship, the surviving joint tenant(s) automatically inherit the deceased tenant’s share by operation of law — the interest passes outside probate to the surviving owner(s). Whether a deed creates a joint tenancy with right of survivorship depends on clear language in the deed expressing that intent.

2. Why does this matter for surplus funds?

When a property is sold at a foreclosure or sheriff sale and the sale produces money in excess of what is needed to pay the mortgage and lienholders, those surplus funds are distributed to people who hold valid recorded interests in the property. If a surviving joint tenant legitimately owns the deceased tenant’s share by right of survivorship, the survivor may be entitled to that portion of surplus funds that belonged to the deceased.

3. Key facts courts and officials look at in Rhode Island

• Deed language — Does the recorded deed expressly say “joint tenants with right of survivorship,” “with right of survivorship,” or use similarly clear language showing survivorship intent? General phrases like “to A and B” may create a tenancy in common rather than joint tenancy, unless the deed makes survivorship clear.
• Timing — Who owned the property (and in what form) at the critical date? For surplus after a sale, the important time is typically the date of sale or the date the court determines distribution. If the original owner died after the sale but before distribution, whether survivorship applies may depend on when title actually passed and local procedure.
• Was the joint tenancy ever severed? — Actions such as recording a conveyance by one co-owner, entering into a partition agreement, or possibly certain unilateral liens or mortgages can in some situations sever a joint tenancy so that the right of survivorship no longer applies.
• Recorded interests and notice — Surplus administrators and sheriffs generally follow the public record. A properly recorded deed that shows survivorship gives stronger standing to assert a claim. Lack of recording or conflicting recordings weaken it.
• Other claims and priorities — Lienholders, title defects, and pending claims against the estate can reduce or divert surplus funds. Creditors may have other remedies that affect distribution.

4. Practical steps to assert a survivorship interest for surplus funds

1. Obtain a certified copy of the recorded deed that granted the joint tenancy and any subsequent instruments affecting title.
2. Get a certified copy of the death certificate for the deceased co-owner to prove the survivorship event.
3. Check the public land records to confirm the deed was recorded and to see whether any instruments later severed the joint tenancy.
4. Contact the sheriff, court clerk, or agency handling surplus funds right away to learn claim procedures and deadlines. Different courts or counties may have distinct forms or time limits to assert a claim.
5. If the surplus administrator rejects the claim, you may need to file a claim in the court that handled the sale or bring a quiet-title or declaratory judgment action to establish your right to the funds.

5. Common complications

• Unclear deed language: If the deed does not explicitly establish a right of survivorship, courts often treat the owners as tenants in common, dividing the decedent’s share through probate unless other evidence shows a survivorship intent.
• Severance events: A mortgage, lien, or recorded conveyance by one co-owner may have severed joint tenancy before death. Whether that happened can be fact-specific and sometimes requires review by counsel or the court.
• Timing of death: If the owner died before the sale, the survivor may have become sole owner before the sale, which affects distribution. If the owner died after the sale but before distribution, the result may depend on how the sale and transfer were handled under Rhode Island procedure.
• Conflicting claimants: Multiple people may claim the same surplus; the court often resolves disputes by looking to the record, deeds, and credible evidence.

6. Where to look for Rhode Island law and local procedure

Rhode Island statutes and court rules govern foreclosure sales, distribution of sale proceeds, and recording of deeds. You can find the Rhode Island General Assembly site at https://www.rilegislature.gov and the Rhode Island Judiciary site for court procedures. Because procedures and deadlines matter, check with the clerk of the court that handled the sale or the sheriff’s office for local forms and timelines.

Helpful Hints

• Start by getting certified copies of the deed and death certificate — those are the two most important documents for a survivorship claim.
• Act quickly — surplus fund claims can be time-limited; the court or sheriff will usually require you to file paperwork within a specified period.
• Search the land records for anything that might have severed joint tenancy (subsequent deeds, mortgages, recorded notices).
• Contact the court or sheriff handling the sale BEFORE spending money on expensive litigation — they can often explain claim procedures and deadlines.
• If the facts are unclear (e.g., ambiguous deed language or possible severance), consult a Rhode Island attorney experienced in real estate or probate — a lawyer can evaluate title, prepare a claim, or file a quiet-title or declaratory-judgment action if needed.
• Remember that even with survivorship, valid senior liens and taxes are paid first; survivorship affects ownership, not lien priority.

Disclaimer: This article explains general legal concepts under Rhode Island law and is for educational purposes only. It is not legal advice, and it does not create an attorney‑client relationship. For advice about your specific situation and deadlines, consult a licensed attorney in Rhode Island.