If I jointly own a house with my spouse and he dies, does it still go through probate?

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If I jointly own a house with my spouse and he dies, does it still go through probate?

Asked on February 21, 2014 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are both on the title, then no, it does not go through probate: the house remains yours (or rather, becomes completely yours) if and when your spouse predeceases you. If you have any questions about exactly how you own the home and the title, you should consult with a real estate attorney, bringing  the documentation with you.


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