Real Estate Law
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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!
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.
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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: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.