Husband passed away 10 months ago. If I sell our home, do I need to probate the will. The deed to the home is in both our names and we have no other property.
1 Answer from Attorneys
I'm sorry to learn of your husband's passing. In order to sell the home, you will need to remove his name from the title of the house. Probating the will is the way to do that. If he owed no debts, you can do a summary proceeding at less cost than a traditional probate.
I would need answers to a few more questions to be sure, though:
1. Did your husband have any children after he made the will?
2. Was he ever on Medicaid?
3. Are there other assets? (bank accounts, car, etc.) in his name only?
I would also need to review a copy of the will (no charge) to make sure it was properly executed.
Feel free to call/email with any questions.