Q: My husband died in Nov . There is a will. He left me our house and his son property in Kentucky. Why do I have to go pp
I don't know why I have to probate? Hubby left the house with a will
A: Probate is the process where a will is given legal recognition- the decease may have had other earlier or possibly subsequent wills. People have been know to make last minute changes to their wills. In order for the Court to know which will is the final and true desire of the deceased, the will must be submitted for probate. if no will is submitted, it is assumed the deceased died WITHOUT any will, and different laws of inheritance may apply.
Anthony M. Avery agrees with this answer
A: If there is only yourself and the Son as Heirs-At-Law, and you can agree to do what the Decedent wanted, then you do not need to Probate. Hire a competent attorney to search the titles, draft an Affidavit of Heirship, and execute two quit-Claim Deeds between the two of you. If there is debt against the real properties, then the grantees will take subject to the Note and Deed of Trust. From the facts you presented, this is a simple matter, and about $1,000 worth of attorney work and filing fees.
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