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Question

MY HUSBAND RECENTLY DIED INTESTATE IN NEVADA . OUR HOME IS VESTED AS HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHTS OF SURVIVORSHIP AND ALL BANKING ACCOUNTS AND BROKER ACCOUNTS ARE JOINTLY HELD. THE ONLY PERSONAL PROPERTY WAS CLOTHING, TOOLS, SOME FIREARMS ETC. IS PROBATE NECESSARY?

Submitted: 480 days and 15 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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LAS VEGAS, Nevada

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Posted by PaulMJD 480 days and 14 hours ago.

Answer

Probate is not required for any property or accounts that you are a joint owner of. However, any assets that you are not listed as a joint owner on may require probate. If there are no real estate holdings not in joint tenancy with survivorships and the value of the estate is under $20,000, the surviving family member(s) or a sole beneficiary entitled to inherit the property in question may initiate proceedings 40 days after the death. These parties may use a form called affidavit of survivorship to apply for release of the asset(s) from any person or business holding those assets (such as a bank, stock brokerage company or pension plan administrator).


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480 days and 14 hours ago.

Reply

Reply to PaulMJD's Post: I'M A BIT CONFUSED. IS PROPERTY OWNERSHIP VESTED AS "HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHTS OF SURVIVORSHIP" CONSIDERED JOINT TENANCY OR DOES FULL OWNERSHIP PASS TO ME? ALSO, REGARDING PERSONAL PROPERTY,(CLOTHING, TOOLS, FIREARMS, ETC.) TOTALED LESS THAN $20,000) DOES THE PERSONAL PROPERTY NEED TO BE PROBATED?

Accepted Answer

Correct, ownership automatically transfers to you on the house. The personal property should not need to be probated since it is under $20,000. The only problems you will run into is any investment accounts where you are not a joint holder or that require two signatures would require you to get an affidavit of heirship from the probate court or if you have a car with both names on it, then to get it in your name to sell you will need the affidavit of heirship.

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Expert: PaulMJD
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Answered: 7/30/2008

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