Q: My Father died in Feb, 2016. He had a will. My mom is the beneficiary. She wants to sell the home. Both are on the deed.
Does my Dad's Will need to be probated? She wants to close the sale of the home in Feb 2021.
A: A Will has no legal effect until a court admits it to probate (proving that the Will is the Will of the person who died.) Probate is necessary to transfer your father's 50% community property interest in the home to your mother. Then she will have a 100% ownership interest and can sell the home. Contact a probate attorney who practices in the county in which your father lived and died.
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