Generally, yes. Any estate that holds real property must be probated in order for title to pass to the heirs. However, laws vary in different jurisdictions. A surviving may have special rights in community property states.
In separate property states the property will pass according to the provisions in the decedent's will or according to the state laws of intestacy if there is no will. In many jurisdictions the surviving spouse will inherit the estate, however, that scheme is not universal. In some states the children receive a share of an intestate estate especially when the surviving spouse is not their parent.
You need to consult with an attorney in your jurisdiction who can review your situation and explain your options.
No. If the husband died intestate (without a will), the estate will be divided according to state law. Usually this does in fact mean that the wife gets the home, but it's not "automatic" in the same sense it would be had they been joint tenants with right of survivorship or something like that.
Yes, it is going to have to go to probate. Otherwise there is no way to transfer title.
Yes, it will go into probate. That allows the title to be settled. In most places, the spouse will inherit the entire thing.
It will not go into probate if the house was purchased by them as husband and wife as tenants by the entirety or as joint tenants. Both spouses own whole interest together so that when one person dies the survivor becomes the sole owner. The deed does not even have to be changed.
Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name. If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
if my spouse dies can his adult children take my home the house is owned by bothe of us
If the loan was in both of your names, yes. That is your foreclosure also.
If "titled to both names" means "joint tenants" or "tenants by the entirety", then the absence or presence of a will is irrelevant because the surviving spouse obtains full ownership through the deed, not through probate.
Depends who's name is on the mortgage. If both names are on, then you would need both spouse's to take out a home equity line of credit.
If two people owned property, executed a mortgage, and the mortgage is in default, the foreclosure will be filed in both names. It was both mortgagors who defaulted and both will be parties to the foreclosure. If one executes a quitclaim deed to the other that will not stop their being mentioned in the foreclosure.
Contact your state department of motor vehicles. There is usually a simple process for transferring the title to the surviving spouse that may involve a simple probate filing to establish a record of the death. They can advise you.
Ownership of real property is determined by the names on the deed.
Answering "http://wiki.answers.com/Q/If_you_are_divorced_and_your_spouse_has_not_refinanced_the_house_to_take_your_name_off_title_-_does_the_homeowner%27s_insurance_have_to_be_in_both_names_in_the_State_of_Illinois"