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
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.
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