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CCSand writes (in part):

If the assets are titled "joint tenants with right of survivorship," in most states those assets will pass outside of probate by "operation of law." The law is so in CA.

I reply:

I think you missed the point of Bobbcat's hypothetical. He assumes that both joint tenants die simultaneously. If so, assets in joint tenancy will pass through probate (because there will be no surviving joint tenant), but assets in a trust will remain in the trust, and avoid probate. --Bob
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