Does a Widow Need to Probate After Her Spouses Death?
A woman who’s recently lost her husband is faced with many legal and financial issues. One such issue is whether or not she needs to Probate her husband’s estate after his death. Here’s how you know if you must start a Probate. When do you need to file a Probate? If there are any assets in your husband’s name only, those assets will have to be “probated” before they can be legally transferred into your name. Here are some examples: if your name is on the asset with your husband, Probate is not necessary. If an asset passes by beneficiary designation, for example a life insurance policy, and at least one of the named beneficiaries is alive, Probate is not necessary. But if your husband holds stock in just his name, a Probate will be necessary. What is Probate? Probate is a court procedure that transfers ownership and title of the assets of a deceased person to his or her heirs. It involves filing the Will (if one exists), having the Will accepted by the court, listing the assets and the
