Legal Question in Wills and Trusts in Colorado

Probate Item

Does a property, such as real estate, that is held in joint tenancy, become an item for probate upon the death of one of the joint owners? Or does total ownership pass to the surviving owner, outside of probate, as in the case of a beneficiary or TOD item such as an insurance product or a brokerage account?


Asked on 3/29/02, 4:00 pm

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Probate Item

Real estate held in joint tenancy will generally pass to the surviving joint tenant by operation of Colorado law outside the probate estate. However, all the facts and circumstances should be consulted and reviewed to determine that this answer is the correct one. You are advised to consult with a qualified trusts and estates lawyer for a determinative answer.

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Answered on 3/29/02, 4:18 pm


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