Legal Question in Wills and Trusts in Arizona

The answer to your question is two-fold. First, no, if you have EVERYTHING titled as joint tenants with right of survivorship, then everything passes to the surviving joint tenant automatically by operation of law. Second, there are a number of reasons why this is not complete or real protection. Seldom does a couple have everything titled as joint tenants, so there will be assets and personal property that the heirs will fight over, so you must have a Will to state what the distribution of your estate will be upon your death. If both you and your spouse die in the same accident, then without a Will, your estates will be distributed according to state law. You may sell property held in joint tenancy if both of you are competent and capable of signing legal documents. If not, then you would be unable to manage property or borrow money against property, without first having a durable power of attorney or going to the expense and trouble of setting up a conservatorship for the incapacitated joint tenant.

Do not be fooled by trying to avoid probate with joint tenancy, and not understanding the consequences that can befall you under a variety of circumstances where you do not die, but do need to take care of one another.