Does jointly owned property require probate?


For jointly owned property, whether probate will be required when one of the owners dies depends on whether they are tenants in common or joint tenants with rights of survivorship.


Attorney Tom Olsen: Here's a text that says his dad has passed away, and dad's name and his name was on a deed, do they have to do a probate? It gets back to looking at that deed, which anybody can look at on a public records. You go to a Property Appraiser's website, and they'll have a link to the deed. When it got into the name, take a look at that deed, and after your two names, does it have the words "joint tenants with rights of survivorship."

If those words are there, and dad passed away, it means that you, my texter, you automatically own his one half, no probate required. If you look at that deed, and it simply has your two names, period, or it has your two names as tenants in common, then when dad passed away, his one half will have to go through probate, and that's the answer to that question.