Do both Wills have to be probated when a husband and wife die 9 days apart?

My husband’s parents passed away 9 days apart. My husband is the only suriving child. Both parents wills leave everything to him: property, ira’s, stocks. do both wills have to be probated? Father died first mother 9 days later.

Asked on March 22, 2012 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so so sorry for your loss.  One would need to read the Wills in order to determine the best way to proceed.  I am thinking, though, that they do both have to be probated.  I think that the Wills probably passed everything from one spouse to the other before it passed to your husband. And so the court will need to see both.  Good luck.


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