How to Transfer Real Property Owned in a Joint Tenancy or in a Life Estate Without Probate

This MontGuide by the Montana State University Extension Office provides information on the simplified process of transferring ownership of property when someone who co-owns property dies without a will. It covers the following recently situations:

• When someone dies without a will and they owned real property with someone else in joint tenancy with the right of survivorship
• When somone dies with or without a will and they owned realy property in a tenancy in common
• When someone dies without a will and they owned real property in a life estate

• Intestacy - dying without a will
• Real Property - land which may include a home or other buildings permanently attached to the land
• Life Estate -  the right to the ownership, use, and income from a property during a person’s life
• Life Tenant - someone who owns a life estate in real property
• Remainderman - someone who is entitled to receive property when the life tenant dies
• Probate - the court process of proving a will is valid and dividing the estate
• Joint Tenants with the Right of Survivorship - two or more people who own an equal interest in a property. Their interests are transferred to the surviving joint tenant(s) when one passes
• Tenants in Common - a way to hold real property so that when on owner dies their interest foes to their heirs, not the other owner(s)

Follow the link below to go to the MontGuide How to Transfer Real Property Owned in a Joint Tenancy or in a Life Estate Without Probate

Please note that since the publication of this MontGuide in 2016, two of the links have changed:

1. The Department of Public Health and Human Services sample documents are now at dphhs.mt.gov/sltc/aging/legalservicesdeveloper/forms
2. Addresses, telephone numbers, and email addresses for the MSU Extension county offices can be found at montana.edu/extension/localoffices.html