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When It Is Not Required Probate is required only for property of the decedent which passes by the terms of a will or the laws of inheritance. If the decedent had no property at the time of death or his or her property passes to people designated to receive it in the property documents there is no estate to probate. For instance, if the decedent put all his or her property in trust for his or her own benefit the decedent would not have title to the property. The trustee would. Such a trust will commonly designate who gets the property after the decedent dies. Property held in joint tenancy passes to the survivor by the terms of the instrument creating the joint tenancy. No probate is required. || Back to List of Topics ||
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Donald M.
Thompson * 55 W. Monroe #3950; Chicago, IL 60603 |
