Is probate required if the decedent owned joint property?

In South Carolina, probate is required if the decedent owned property in their own name, however, if the decedent owned joint property, a probate may not be required. Joint property typically refers to property that is held by two or more people, typically a married couple, with right of survivorship. This type of property is usually not subject to probate when one owner dies since ownership automatically passes to the surviving owner without going through the probate process. However, if the deceased had other assets that were not jointly owned and probate is necessary, the joint property might need to be included in the probate proceedings, if it is part of the decedent’s estate. The probate court would need to decide whether the joint property should be included in the probate or if it should go directly to the surviving owner. Depending on the type of assets held, the court may need to review the title or deed to determine which party owns the joint property. The court will also consider any other joint accounts, such as bank accounts, to determine if a probate is required or not. Overall, if the decedent in South Carolina owned joint property, a probate may not be necessary, however, it may still be required for other assets that are not jointly owned. It is important to contact an experienced probate attorney in South Carolina to determine the best course of action needed to properly settle any claims against the estate.

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Is probate required if the decedent owned joint property?

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