Q: Does my mother's estate have to go through probate? my father is still alive, everything is held jointly, no debts.
A:
If indeed EVERYTHING is held jointly WITH RIGHTS OF SURVIVORSHIP then no, probate probably isn't needed.
If there is ONE asset not held that way, things get less clear, but there are probably 'expedited' methods available to handle small accounts or assets.
Seek local legal advice to know for sure. Don't be afraid to do this -- MANY attorneys offer free or very low cost consultations and from that you can get REAL advice about how best to proceed. There may be steps to prevent claims that are advisable or there may be issues such as updating your father's estate plan that your dad hasn't considered yet.
He should consult with a local estate planning attorney to determine what he needs to do now!
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