I have a piece of land that my ex husband and I own. He died recently. They are telling me that this piece of land has to go to probate, because I would like to sell it. It is in mine and his name. So, I guess my question is: if I have my divorce decree, the death certificate, shouldn't the land be mine without it going to probate?
1 Answer from Attorneys
Unfortunately, the opposite is true. Your divorce decree is prrof that you will nto get the other half of the land without going through probate. If you two had been married at the time of his death, then the land would probably go to you without probate. But, unless the property division Order states otherwise, your divorce severed the land ownership in two. Your ex husband's heirs or devisees will get his portion.