Legal Question in Wills and Trusts in Georgia
Probate of co-owned assets
My father-in-law died and left everything to my mother-in-law. The only thing in his estate is a house and two vehicles. The house and one vehicle were jointly owned by both of them. Should she have to probate the will or can she move the assets into her name?
2 Answers from Attorneys
Re: Probate of co-owned assets
If the assets are owned as joint tenants with right of survivorship, they will pass outside the will.
If the assets are owned as tenants in common, then the will must be probated to pass title.
In any event, the will must be filed with the Probate Court whether or not a petition to probate is filed. It is a crime not to file the will of a deceased person.
Re: Probate of co-owned assets
It depends upon what you mean by "joint." If the real estate is titled as joint tenants with rights of survivorship then it becomes the surviving spouse's property by operation of law. If however, it is titled as tenants in common then the will must be probated. The car, if joint, should transfer by operation of law, to the joint owner. The other car may require the probate of the will, but there are other options available for small estates. Your mother-in-law may want to consider a Petition for Year's Support as another available alternative.
Bottom line: All wills must be filed with the probate court at death, but not all wills need to be probated.
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