Q: Am I legally required probate husband's will if he left entire estate to me ?
I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?
A:
If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The exception would be if the deed contained language saying that you and your husband had a different type of ownership such as a "tenancy in common."
Assuming that the deed does not have such wording stating a different form of ownership so that it is tenancy by the entireties, you do not need to probate your husband's will to sell these properties.
To know for certain what form of ownership you have, I suggest you have the deeds reviewed by an attorney with experience in this area.
A: You will need to review the actual language of the Deed to determine how the property is titled. If the Deed lists your name and your husband's name as "husband and wife" or as "tenants by entireties" or as "joint tenants with right of survivorship" then the title passed to you automatically upon your husband's death and you do not have to probate his Will or open an Estate. If the Deed only lists your names but does not identify you as husband and wife or otherwise use the above language then it could be interpreted as Tenants in Common, and you would have to probate the Will and open an Estate to confirm that you have authority to sell the property.
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.