Legal Question in Wills and Trusts in Illinois

Is probate necessary

If there is a will and there is no real property as such real estate, vehicles, jewely etc and all financial considerqtions are held in joint tenecy is probate necessary?


Asked on 11/21/06, 3:42 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Is probate necessary

Joint tenancy property (unless contested) passes directly to the surviving joint tenant and is not subject to probate. If there are no assets subject to probate, then it is not necessary to open a probate estate. However, the Will should still be filed with the clerk of the court.

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Answered on 11/21/06, 4:15 pm


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