when determining the value of decedent's property, if the decendent and spouse names were both on the property, do you have to claim 1/2 of the property value for probate or did the property all go to the surviving spouse?
Answer
You do not provide the relevant details. An attorney would need to see the deed to real estate owned by the dead person and the living person if you are talking about land as opposed to personal property. How was the property owned? As a husband and wife/tenancy by the entireties? Or if people were not married, did they own as joint tenants with right of survivorship or as tenants in common? It makes a difference.
If real property was owned by joint tenancy with right of survivorship or tenancy by the entireties, then the land is not a probate asset. It passed directly to the survivor by operation of law as of the minute of death. In such case it should not be included in the dead person's estate at all. If the property was owned as a tenancy in common, then only the share of the dead person is included in the estate as a probate asset.
Since you are asking a basic question like this, it suggests that you probably should consult with experienced probate counsel regarding the probate estate. The probate attorney will need to see any will as well as deeds to the land owned by the deceased either alone or with anyone else in order to advise you.
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