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My son, my wife and I jointly own vacant property valued at about $6000. My son was married and passed away without a will. Do we need to go through probate to remove his name and add his wife?

Mar 1, 2020
Estate Planning & Elder Law
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Bill HenryFounding Partner | 20 years of experience
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Bill HenryFounding Partner 20 years of experience
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How to handle this depends on whether your jointly held the title as Joint Tenants (with right of survivorship) or as Tenants in Common. If Tenants in Common, which is likely in CO, then his estate owns his 1/3 of the property and his estate needs to open a probate to distribute his assets per the CO Statutes. You should call us at 303-688-0944 and speak to our Probate attorney to assist you via a initial case assessment.

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