Did you talk to your bank to find out how the account was held; e.g., "with right of survivorship"? If not, then someone is going to have to "trace" his funds to that account in order to claim them. For example, if you typically deposited your paycheck, and he deposited his social security check into that account, then a forensic accountant could give whomever wants the answer to your question - - if they're willing to pay for the accountant.
I want you to think logically. Put on your Beenie Hat, and spin the propeller.
Now, if you've been told by the bank "that the account is [yours]", then why would you think that YOUR money must be probated in someone else's Estate? If the money doesn't belong to anyone else, what is there to probate?
all the money in the joint checking was his i was just on it to make out his checks if he was to sick to do it himself,so since only my name and not my money was in the account is that part of his estate,thank you