Can a property that is already in probate be considered "joint tenancy" if it was bought pre marital

How a property is owned is what determines how it passes at the death of its owner. If your father owned his residence in his own name before he married your stepmother, then the question is whether at some point during his life he gave her an interest in the property by signing a deed that transferred the property from his name to the names of himself and his wife. If he did so, and if the deed that he signed gave the property to the two of them as joint tenants (this is determined by the language of the deed), then they would have from that point on owned that property as joint tenants, and it would have passed automatically to his wife at his death if she survived him. If he never added her name to the deed, then the property became part of his estate at his death. She could then try to have the probate court award it to her as part of a year's support. If he transferred the property to both names, but the deed did not contain the right language to create the right of survivorship, then half of the property was already hers, and the other half became part of his estate. The short answer is that you need to find out whether there was a deed signed by your father and recorded before his death that gave the property to himself and his wife, and if so, exactly what that deed says. You can find a copy of the deed in the real estate records for the approrpriate county. You may also be able to find it online in the Georgia Superior Court Clerks Cooperative Authority website- gsccca.org.