Without a will do you accounts and estate go to probate to go to the surviving spouse? Even if you are both named on the accounts and property.

In general, financial accounts and real estate which have joint owners may go to the survivor of them outside of probate, depending upon the title to the accounts, use and other exceptions.  One of the exceptions is that a wife is entitled to part of an estate, depending upon the size of the estate and if there were any children born to the marriage.  There are additional exceptions.  You should contact me to discuss same in more detail.  John Tatone @ 586-868-5100

Typically, jointly held assets pass outside of the probate estate; the surviving joint owner takes all.  However, there can be an exception to that rule if a spouse is involved. 

Under most state laws, a person cannot disinherit a spouse.  So, for example, a payable-on-death account cannot be used to get around this by putting all financial assets in an account and making it payable to someone else.  In most states, the spouse is legally entitled to a certain percentage of the other spouse’s estate.

You will really need to speak with an attorney in your area who can advise you as to your rights under specific state law.