Q: Do we need two probates for property if both parents' names are on deed and they died in Ohio?
My father died 5 years ago, and my mother never had his name removed from the deed to their house. My mom has just passed away. Their joint will directs their wishes, but the deed still has both of their names on it. They both passed away in Ohio. We are unsure about survivorship details on the deed. Since there is an executor named and we've spoken to an attorney but not yet filed for probate, do we need to undergo two separate probate processes?
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A: If there is survivorship language, then no. You can simply file an affidavit of surviving spouse with the recorder's office. This answer does not affect any other property that might have been in his name, which may still need to be probated.
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