Do you have to have a Will probated?

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Do you have to have a Will probated?

Asked on January 18, 2016 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In this case, probably probate is not necessary. If the house was in both your mother's and father's names, then they would have had a "joint tenancy". This means that upon the death of your father, your mother was vested with full ownersip. Since he left no money or, I'm assuming any possessions of value, then a formal probate may not be necessary. To be sure, you should check with the county probate court.
For more information, here is a link to a site that will provide further information:
https://law.freeadvice.com/estate_planning/probate/go_through_probate_will.htm


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