Q: My mom's deed had survivorship but she never took my dad off after he died. Do I have to do a probate for both of them?
Probate in Nevada. My dad died in 2006. The deed for their property has joint tenancy with survivorship. My mom died last month. My mom never took my dad off the deed so do I now have to do a probate for him as well? I am planning on doing a set aside without administration because the total estate is less than $100,000. Also do I have to include joint bank accounts she was on with me? Thank you.
A: Your question is in the category of Probate for the state of Oregon. If the property is in Oregon then here is my answer: Assuming your parents had survivorship on their Deed then all you have to do is record your dad's Death Certificate with the County and the title is clear (meaning that your mom is the sole owner). Then you will need a Small Estate Affidavit for your mother's estate as long as the property is worth less than $200,000 fair market value and you do not have other assets over $75,000 that require probate. I recommend you consult with a probate attorney to provide you specific advice on your situation. If the property is in another state then this information may not be correct.
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