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Best Way.. to Advoid probate

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laurie83833

Junior Member
What is the name of your state (only U.S. law)? Idaho

What is the best way to file our deed on our property in Idaho, we are almost done paying off our contract for deed. Have about 1 year left and then it is paid for. And then it will be time to officaly file the Deed - I think the contract now just says XXXX & XXX husband and wife. So if we are to make changes before it offically gets filed we would like to do so then.

Idaho is a community property state and we are a blended family but children have all since grown and left the house. We have no debits - take that back my husband has a small one for child support arrears but that was long before we got married and he has since been paying that off - hmm not sure if he passed away if I would be held liable for that debit since it was created before our marriage (any insite on that? no biggy if no one knows its not a large amount anyways.) . anyrate... We would like to file the deed so that if one of us passes away the property will automatically tranfer to the surving party without having to go through probate.

Would joint tenancy be the way to go or do we have to state joint tenancy with rights of survivorship or is that automatically included when you file "joint tenancy"

and what about our vehicles is there a special way to list our names on the titles of our vehilcles? So they to auto transfer?

All out bank accounts are already set up as transfer upon death. So I think we are o.k. there..
Trying to advoid probate as much should one of us pass away since what little assets we have are suppose to be for our retirement as we have no IRA or anything like that to fall back on.

Just wondering about the property and our vehicles.

Thanks so much,
 
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laurie83833

Junior Member
Guess no one knew

Thank anyways.. i guess no one knew the answer.

I know probate is not necessary or mandatory when someone passes away. As people pass on all the time and assests just transfer over to the surviving spouse without going into probate even without a will - as it did when my father passed away.

Maybe this forum is not the right place to ask a question about deeds and probate questions.

Thank you,
 

laurie83833

Junior Member
Actually I know the answer...

Sorry didn't mean to rush anyone that was not my intention. What I meant by wrong forum was wrong place.. so I listed in another topic on this site. My apologies.

I already received the answer - so all is good. :)

Thank you,
 
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