Grand Junction, CO asked in Real Estate Law and Probate for North Carolina

Q: My husband and I purchased a house in 2015. In 2017, we moved to Colorado and leased the house.

My husband passed away in 2018 in Colorado. He had a will that was prepared in Colorado that I have not submitted for probate. Now I’m ready to sell the house in NC. Do I have to probate the will first, or is his will sufficient?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: It depends on how you and your late husband owned the house. If you held title as, for example, "A and B, husband and wife, as joint tenants with right of survivorship and not as tenants in common", you will not have to probate your husband's Will just to sell that property. The joint tenancy with right of survivorship means that the one who survives the other becomes the sole owner without the need for a court determination. If, however, the Deed by which you took title does not use the term "joint tenants with right of survivorship" or if it just says "husband and wife" or other words describing the co-ownership , you will almost certainly have to probate the Will in order to be able to convey title. Show your deed to an experience probate lawyer in your state. They can interpret it for you and give you legal advice. Many offer free initial consultations.

PS: My comments here are for general information only and are not advice about your specific situation nor do they create and attorney-client relationship between us. Consult an attorney in your state for specific legal advice.

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