In a joint tenancy, what occurs if one owner dies before a listing is accepted?

In a joint tenancy, one of the key characteristics is the right of survivorship. This means that when one joint tenant dies, their interest in the property automatically passes to the surviving joint tenants, rather than going through probate or being distributed according to their will or state inheritance laws.

In the scenario presented, if one owner in a joint tenancy dies before a listing agreement is accepted, the listing agreement remains enforceable against the surviving spouse. The surviving joint tenant retains full ownership and can proceed with the real estate transaction without needing to address the deceased tenant’s estate. This automatic transfer of interest eliminates the need for probate for the deceased owner's share; it simply goes to the surviving joint tenant. Hence, the listing agreement would continue to be valid in this situation, allowing the surviving owner to list and sell the property as intended.