Legal Question in Wills and Trusts in Illinois

It depends on the form of joint ownership. In a joint tenancy with rights of survivorship, or a tenancy by the entirety, the surviving succeeds to the deceased spouse's interest by operation of law (automatically, no probate needed). In a tenancy in common, the deceased joint tenant's interest passes to the deceased owner's heirs (no will) or legatees (beneficiaries named in a will). A probate proceeding is usually needed in the latter instance.