Q: If everything you owned (all accounts, home,car, etc are co-owned with your spouse )do you still have to probate a will.
Our wills leave everything to each other.
A: Yes. Wills only become effective when a probate court admits them to probate (proving). While you may think this is a nuisance, think what a mess it would be if the wills remained private documents, were lost and someone tried not to follow your wishes. There would be no way the make sure that your wishes were followed.
Dillon B Norton agrees with this answer
A: Absolutely! Unfortunately, this is THE most
common probate trap people fall into. Husband and wife have mirror wills leaving everything to each other and the survivor thinks they don't have to probate the will because they got everything. If a will is not probated then you, your spouse, or y'all's families run the risk of not being able to access bank accounts and retirement or stock accounts that do not have benificiary or survivorship designations. You will need letters testamentary, letters of administration, or a muniment of title to access such accounts. You have four years to probate a will. Get it done early and do it right.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.