Must a Will be probrated?

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Must a Will be probrated?

My husband died and he had a Will leaving everything to me. Our house and land is in both our names. Is there anyway to get them in my name without probating his Will?

Asked on December 20, 2011 under Estate Planning, Texas

Answers:

Louis Putney / Louis D. Putney Attorney

Answered 9 years ago | Contributor

In the State of Florida, a Will must be deposited with the Probate Court withing 10 days of the date of death, but probate of the Will is not an absoute requirement.  Probate is only required if there are assets in the decedent's name which do not pass by some other means, like joint ownership or named beneficiaries.  Properties in joint ownership with the right of survivorship do not require probate.  Title will be cleared merely by recording the death certificate.  You should consult a local probate attorney to go over your situation in detail.  Probate may not be necessary.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the statutes of all states in this country, a Will must be probated. If the land and house that you write about is in your and your deceased husband's names, you need to carefully read the deeds to them. If the property is in joint tenancy with the right of survivorship, you do not have to probate the land. By operation of law, title goes to the survivor.

You will need to file and record an affidavit of surviving joint tenant with your husband's certified death certificate attached. I recommend that you consult with a Wills and trust attorney about your situation.


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