Probate can be avoided by having multiple owners, which is a good option for married couples, but usually not the best solution for children or other persons. It can create some liability issues as well as some potential tax issues. For married couples the deed will need to clearly show that the property was owned as Joint Tenants with Rights of Survivorship, which means that upon the death of one of the owners the property transfers to the other surviving owner(s), in order to avoid probate and transfer the interest of the deceased person to the remaining owner(s) of the property.

If the deed does not clearly show there were Rights of Survivorship, by default the property is owned as Tenants in Common and means that the deceased person’s interest of the property does not automatically pass to the remaining owners of the property and a probate or some court involvement will be necessary to transfer the interest of the deceased person.