Is probate required if the decedent owned joint property?

In California, if the decedent owned joint property, probate is not necessarily required. Generally, joint property is property that is held between two or more people, such as tenancy in common, joint tenancy, or community property with right of survivorship. In all three of these types of joint property, the surviving owners automatically become the sole owners of the property upon the death of the other owner(s). This means that no probate is necessary for the surviving owners to become the sole owners of the property. However, if the joint property is a tenancy in common or community property, the decedent’s share of the property will still have to go through probate. Since the other owners do not automatically gain the deceased owner’s share of the property, a probate proceeding is necessary to transfer the deceased’s share to the other owners. Even though the remaining owners are entitled to inherit the deceased’s share, they must first go through a court process to prove the legal right to receive the deceased’s share. In sum, if a decedent in California owned any type of joint property, probate may or may not be required depending on the type of joint property. If the decedent owned joint tenancy or community property with right of survivorship, no probate is necessary for the surviving owners to become the sole owners of the property. If the decedent owned tenancy in common or community property, then the remaining owners must go through a probate process to transfer the deceased’s share.

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Is probate required if the decedent owned joint property?

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