ON their first of you to pass away, if everything is owned jointly or controlled by a beneficiary designation (for example an IRA or 401(k)), then probate is unlikely. I say unlikely because in my experience it is not uncommon for folks to think everything is jointly owned but in reality they've forgotten something . On the second of you to die, the need for probate will be determined based upon the type and titling of assets. Avoiding probate should not be considered the sole justification for titiling your assets jointly with someone. There are many implications that come with jointly titled assets. In addition, I would highly recommend that you not rely upon titling assets and forgoe having a will done. A will, durable general power of attorney and healthcare power of attorney are three documents that are a "must have" for you.
Answered on Feb 03rd, 2017 at 6:38 AM