Estate Law Questions? Ask an Estate Lawyer.
I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.
My condolences for your loss.
When you say "jointly owned", you are referring to ownership in joint tenancy, correct?
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Well, in any event, the ownership interest of real estate which is owned in joint tenancy passes automatically, outside of probate, to the surviving joint tenant upon the death of the other.
So, you are correct, the joint tenancy property would not be included in the will left by your late husband and his interest in such property would go to you as the surviving joint tenant.
So, check your deed(s). If the deed says that your ownership is in "joint tenancy with right of survivorship" then there is nothing you need to do. Your late husband's interest goes to you by operation of law. If you wanted to sell the property or finance it all you would need to do is present a death certificate to the title company to prove your ownership.
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