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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55705
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My husband died three weeks ago. We have very

Customer Question

My husband died three weeks ago. We have very straightforward wills, what's his is mine and if I'm gone, equally between our boys. I have everything we have in my name now, so do I need to have his will probated?
JA: Where is the property located?
Customer: In Brooks County, but we have a Valdosta address. We own just our home and the land, no other real estate.
JA: Has any paperwork been filed?
Customer: Nothing as yet since I didn't really know what to do, got online and printed up many copies of paperwork, which I could not understand the language to fill out.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all I really know to ask.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Richard replied 3 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 3 months ago.

Good morning. First, let me tell you how sorry I am for the loss of your husband. I know this is a difficult time for you and I will certainly keep you in my prayers.

As to your specific question, if everything is now in your name alone, there is no need for probate. Probate is necessary when you need to change title of assets such as real property, vehicles, bank accounts, etc. If all these are already in your name alone, then there is no reason for you to have to go through the probate process. Also, certain assets pass outside probate and thus are not governed by the will and thus do not require probate in any case. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 3 months ago.
I would rate the info highly and it is what other lawyers have told my son, so now I can rest without too much stress. My husband was such a good man and left things well in order. Thank you very much
Expert:  Richard replied 3 months ago.

You're very welcome. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: . Or, simply request “Richard only” in the first line of your question.