If a married woman dies and had a valid will; owned a house with her husband and 4 (independent) adult children, is it necessary to file for probate? Her Will stipulated that “…bequeath to my husband….. all of the rest, residue and remainder of my estate, whether real or personal………”. There is no Community Property Agreement.
Your question is not only about probate. The question is about whether or not the assets must pass through the probate process to go to her beneficiaries. If the assets were held jointly with her husband, the assets would pass to him by operation of law. No probate is needed. In addition, the community property agreement would not help answer your question.
I would recommend that you see an attorney in your area to see if a probate is necessary. Many times a probate is not needed. The attorney will need to see the will and a list of all of her assets.
This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.
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