If my wife and I own a house, stocks and a car together,when one of us dies, does the other one have to go through probate?

Asked on February 4, 2015 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Anything owned jointly (home or car titled in both your names; joint bank or brokerage accounts; etc.) should become the property of the survivor without the need for probate. That said, if you are making end-of-life plans, you are advised to consult with a trusts-and-estates attorney to consider your property distribution goals and how best to accomplish them, and to ensure that you will have  a seamless transfer of property. When you consult with such an attorney, he or she can confirm for each asset how it will pass and if probate will be required.

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