My wife has just passed. We owned 3 properties, 2 jointly and 1 in her name. Do I need to go through probate on the one that is in her name only ?

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My wife has just passed. We owned 3 properties, 2 jointly and 1 in her name. Do I need to go through probate on the one that is in her name only ?

We are tenants to 1 of the joint properties. Our son lives in the other property
that we own jointly. Her mother lives in the property that she has in her name.

Asked on September 6, 2017 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the property in her name only must go through probate. All real estate which does not pass automatically to a surviving co-owner due to joint tenancy or the two people owning it together as "tenants by the entirety" must be probated to transfer legal ownership.


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