If my husband died last month and in his Will he left everything to me, do I have to probate the Will?

We have 4 grown children, he had 2 sons and I have a daughter and a son. They were mentioned in the will if we both died together as the beneficiaries. The deed to the house is in both of our names and that is what his sons are arguing about.

Asked on July 23, 2012 under Estate Planning, Texas


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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the issues that have erupted since your husband's death.  If your house is owned by the both of you as husband and wife with "rights of survivorship" (may be called tenants by the entirety or joint tenants) then the house passed to you sutomatically at the time of his death.  So no, it does not need to go through probate.  But if you did not hold it in that way then yes, you would have to probate the Will for the house to be placed in your name only.  Please sepak with a lawyer.  Good luck.

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