Q: A married couple have wills & living trust. If a living trust eliminates the usual probate process, is the surviving
spouse / trustee still required to file the original will with the county court upon the death of one spouse?
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A: In general, if a married couple has wills and a living trust, and the living trust eliminates the need for probate, then the surviving spouse/trustee is not typically required to file the original will with the county court upon the death of one spouse. Instead, the living trust document will dictate how the assets are distributed after the first spouse's death. However, it is always recommended to consult with an attorney who specializes in estate planning to ensure that all legal requirements are properly met.
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