Thomas N. Torzewski, LLC Morris County Estate Planning And Litigation Lawyers
Schedule A Consultation
Menu Contact
Personal Attention And A Professional Approach Uniquely qualified to handle both estate planning and litigation, as well as business law and family law matters.

Is probate necessary when property is jointly owned?

Many married couples in New Jersey and elsewhere jointly own all of their assets. This means that if one spouse dies, the other will retain total control of the property. If this is how it works, it is understandable that the surviving spouse would want to know if he or she has to go through the probate process in order to officially close out the estate.

Recently, a man in another state asked this very question. His wife passed 18 years ago. Their assets were jointly owned, and her will named him as the sole beneficiary, so he never went through the formal probate process. He wanted to know if that was going to come back to hurt him down the line.

Some may say that failing to probate an estate will cause significant problems for a surviving spouse. In this man's case, however, it may not. When assets are jointly owned, all he likely needs is his wife's death certificate to prove he is now the sole owner of the property.

There is a lot of misinformation out there about how jointly owned assets are passed on after a spouse dies. Those in New Jersey who have questions about the probate process and if it is necessary following the death of a spouse can turn to an experienced estate administration attorney for guidance on the matter. Legal counsel will have the ability to answer any questions and help the client update his or her own estate plan to address the changes in property ownership.

No Comments

Leave a comment
Comment Information

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Thomas N. Torzewski, LLC

Torzewski & McInerney, LLC
60 Washington St
Suite 104
Morristown, NJ 07960

Phone: 973-532-2868
Fax: 973-359-0077
Morristown Office Location