If I am on the deed to my mother’s home, will it have to go to probate court when she passes?

UPDATED: Feb 18, 2012

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If I am on the deed to my mother’s home, will it have to go to probate court when she passes?

My mother has no trust in place. She added my name to the deed of her home. Should she pass before me, will her affairs need to go to probate court? In addition, I am on all of her accounts.

Asked on February 18, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are trying to do some estate planning and that is really good.  But some one needs to see the accounts and the deed and how they are held to truly help you here.  Generally speaking, if the deed states "with rights of survivorship" then the property passes to you upon her death.  If it does not then her half goes in to the estate for probate.  Same goes for the accounts.  Are you a joint account holder or merely a signatory?  Find out.  Good luck.

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