How does joint ownership work in the context of wills and probate?
How does joint ownership work in the context of wills and probate?
If you’re married or in a civil union with someone, chances are you and your spouse own property together—a home, a car, a checking account, or perhaps just some personal items. But when one of you passes away, what happens to the stuff that both of you own? How do joint ownerships work when it comes to wills and probate?
Let’s say that Peter and Mary are married, and they have a checking account titled “Peter & Mary Smith Family Fund.” If either Peter or Mary dies, the account would be handled through probate. This means that their will would be subject to probate court (if they had one) and then their assets would be distributed according to the instructions in that will. In this situation, whoever is left behind would have full ownership of the checking account.
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