Is probate required if the decedent owned joint property?
In Washington, probate is sometimes required if the decedent owned joint property, depending on the type of property. When joint property is held as joint tenants with right of survivorship, such as a bank account or real estate, probate is generally not needed. This type of real estate passes directly to the surviving joint tenant without the need for probate. If the property is held as tenants in common, then the deceased’s interest in the property must be transferred through the probate court. This includes real estate held in two names as “joint tenants” but with no right of survivorship. Washington law also requires probate for real estate in which the decedent owns an interest, regardless of how the property is held. It is important to note that if the decedent had a will, it may also be necessary to go through the probate court to distribute any assets left behind. Therefore, it is important to consult with an attorney to determine if probate is required in a particular case. Although probate is a lengthy process, it helps to ensure that the decedent’s assets are distributed according to his or her wishes.
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