Probate is required when property is owned by two or more people who have not specified that they own the property in “joint tenancy,” “joint tenancy with a right of survivorship,” or “community property with a right of survivorship.” Therefore, knowing how property is titled is an important step in determining whether property title can only be changed through the probate process.
Common title statements for tenancies in common are “[name], an individual man,” “[name], a single woman,” “John and Jane Doe as tenants in common,” and “John and Jane Doe, husband and wife.”
Property and bank accounts can be titled as tenants in common.