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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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law