Question

Your client, Samantha, died testate last week. At her death she had the following property interests:

a. 1/2 of the home that she owns with her husband as community property. b. 1/3 of the vacation home that she owns with her two sisters as tenants in common. c. An empty lot that she alone owns. d. 1/3 of her late parents’ home, which she owns with her two sisters as joint tenants with right of survivorship.

Which property interest will not pass through her probate estate?

1. a

2. b

3. c

4. d

5. Neither one

Answer 1

Basically, probate is necessary only for property that was:

• owned solely in the name of the deceased person—for example, real estate or a car titled in that person’s name alone, (option c) or
• a share of property owned as “tenants in common”—for example, the deceased person’s interest in a warehouse owned with his brother as an investment. (option b)

Property held in joint tenancy with right of survivorship is not required to go through Probate estate. Hence, d. will be the answer.