Key Property Interests

Question 1

Fee Simple

Answer 1

% in Gross Estate: 100%

Included in Probate: Yes

Rights of Survivorship: No

Unlimited Marital Deduction: If passes to spouse

Partitionable without consent: N/A

Question 2

Tenants in Common

Answer 2

% in Gross Estate: % owned

Included in Probate: % owned

Rights of Survivorship: No

Unlimited Marital Deduction: If passes to spouse

Partitionable without consent: Yes

Question 3

Joint Tenancy with Rights of Survivorship (JTWROS)

Answer 3

% in GE (Spouses): 50%

% in GE (Non-spouses): % contributed

Included in Probate: No

Rights of Survivorship: Yes

Unlimited Marital Deduction: If passes to spouse

Partitionable without consent: Yes

Question 4

Tenancy by entirety (Spouses)

Answer 4

% in GE: 50%

Included in Probate: No

Rights of Survivorship: Yes

Unlimited Marital Deduction: Yes

Partitionable without consent: No

Question 5

Community property

Answer 5

% in GE: 50%

Included in Probate: 50%

Rights of Survivorship: No

Unlimited Marital Deduction: If passes to spouse

Partitionable without consent: No