My girlfriend and I own a house and we were told that if something happen to either of us the house will go into probate because its missing the "as joint tenananst with right of survivorship" on the deed.

Is this accurate? Should we change the deed?

Thanks

Yes, that's correct. If it doesn't say joint tenants with right of survivorship (or JTWROS) then if one person dies their share ownership becomes part of their estate rather than going completely to the other person.

If you want the surviving person to get the entire ownership of the house then the deed has to say joint tenants with right of survivorship (or JTWROS) after the names of the grantees. You can fix this by having a corrective deed filed. I suggest that you have this done by a title company or attorney rather than doing it yourself. It should not be expensive and you'll know that it was done properly.

Quote:

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Originally Posted by RickyGuzman

... its missing the "as joint tenananst with right of survivorship" on the deed. ...

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What does it say instead?