When does a deed with joint survivorship have to go through probate?

UPDATED: Nov 11, 2013

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When does a deed with joint survivorship have to go through probate?

My deceased husband’s only child is contesting the will, which leaves our home to me, we also have joint survivorship deed. It has been indicated to me that the home goes through probate, this was before the Will was contested. How can someone contest a Will leaving property to someone who already has a survivorship deed?

Asked on November 11, 2013 under Estate Planning, Kentucky


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

If a deed grants property to joint tenants with right of survivorship, that property does not go through probate. The property passes to the remaining joint tenants when one of the joint tenants passes away. A will contest regarding your husband's will does not affect property that he held as a joint tenant. Your stepson could claim that the deed that created the joint tenancy was invalid, but he should not be able to make that claim through a will contest. 

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