Holding title to property as joint tenants with right of survivorship does avoid Probate on the death of the first spouse. However, when the second spouse dies the real property must go through Probate. If the property were placed into a trust there would be no need for a Probate to be opened.

Also, some couples prefer to just let the surviving spouse place the property into a trust. However this is a gable because the surviving spouse may not have the capacity to create a trust at that time, both spouses may pass away at the same time, and the surviving spouse may designate beneficiaries that the deceased spouse wouldn't agree with.

For more information please call Winstead Law Group, APC at (949) 639-9609 and ask to speak with an estate planning attorney. Winstead Law Group, APC main office is located in Orange County, California at 28202 Cabot Road, Suite 300, Laguna Niguel, CA 92677.

DISCLAIMER: This information is provided by estate planning attorney Stephanie D. Winstead, Esq. Mrs. Winstead is licensed to practice law in the State of California ONLY and she maintains offices in Laguna Niguel, California and San Diego, California. This answer DOES NOT create an attorney-client relationship, and is only intended to provide general advice within the limits of the question asked. If you wish to create an attorney-client relationship for specific legal advice, it will be necessary to enter into an engagement for legal services. More general legal information about wills, living trusts, and estate planning can be found at www.WinsteadLaw.Net.

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