If you jointly own a piece of property with rights of survivorship and one person dies, does this have to be included in probate?

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If you jointly own a piece of property with rights of survivorship and one person dies, does this have to be included in probate?

My mom and I jointly own her house. I have owned 1/2 of it with rights of survivorship for 25 years. She passed away recently. I am the only heir

Asked on March 6, 2017 under Estate Planning, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When someone jointly owns property with rights of survivorship, upon their death the surviving tenant(s) automatically becomes fully vested as the owner(s) (i.e. they now own 100%). Accordingly, there is no asset to go into the deceased's estate (i.e. it does not become subject to probate).


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