Q: When someone dies with a Will which clearly conveys ownership of all their property to their spouse, is probate required
Surviving spouse is afraid that Probate Court process is required in all death of spouse situations.
A: If the real estate transfer is in the will, then probate court is required to get a Certificate of Transfer. When the transfer is by a survivorship deed or by transfer on death affidavit, probate court is not required for that transfer, but might be required if there are other transfers under the will. Use the Find a Lawyer tab to retain a local estate planning attorney to answer questions and prepare any documents.
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