Losing Spouse/Parent

questions & answers

Question: what has to go through probate court after death of a spouse when everything is in my name too

Answer: Joint ownership with right of survivorship (real estate, bank accounts, life insurance) will transfer fully without the probate court involvement. Probate courts, whether with a Will or without a Will (Intestacy), can only address assets within the estate, but most people have a non-joint ownership interest in household and other personal property. Because Arizona is a ”Community Property” state, anything shared with the spouse or considered ’Separate” Property, unless a valid Will says otherwise, passes via Community Property laws, partly to other heirs (if any). In other words, it is usually advisable to have a written Will or Living Trust in place—and many resources help a person self-prepare or cheaply prepare such documents without paying a lawyer. For more information about wills and self-help please click here.