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This depends on the state in which the decedent died, so those laws must be checked. The general rule is that assets in a decedent's name alone may be transferred by the will alone. A will is a document of transfer, except that it operates only upon death. If the spouse has all assets in joint names with her husband, then no probate is needed because the bank account is transferred to the wife by operation of the banking and property laws. Generally, though, even if there is only a single asset, like a car, in the decedent's name, the will has to be probated to give the wife authority to sign the proper paperwork to transfer title.

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15y ago
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10y ago

The answer depends on the laws of their jurisdiction and whether any of the husband's property was mentioned in his Will. He could leave property to another person. His wife would have certain rights of inheritance under the law whether or not he had a Will.

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14y ago

That depends on whether your spouse had any property in her own name.

If everything was held as joint tenants then absolute ownership passed automatically to you as the surviving spouse. You would only need to record a death certificate in the land records to clear the title of your real property.

If the decedent owned any property in her own name then her estate must be probated.

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8y ago

The real key is the location of the property. If he owned real property, probate is going to be required. And it is a good thing to make sure all debts are resolved.

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Q: Can a wife inherit a husband's estate after he is dead?
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