While the living trust is the most flexible device used to avoid the costs and delays of probate, several other devices are available. These can be used in conjunction with the living trust or, if your property holdings are simple, instead of the living trust.
Joint tenancy is discussed below.
But in many states today the survivorship feature does not attach to a joint tenancy unless it is expressly stated in the instrument. But a few years before he died he had placed his home in joint tenancy with my sister. This would be very hard to prove, particularly when the asset transferred is real estate. Therefore, because the right of survivorship attaches to joint tenancy property, your dad' s interest in the home probably passes automatically to your sister on his death. The right of the surviving joint tenant is superior to that of heirs of the deceased joint tenant.