Make Sure to Probate Your Spouse’s Will

A husband passed away with a Will leaving everything to his wife. They were married for forty years. Like many people, she had no idea she needed to do anything since the Will left everything to her.

Ten years later she wanted to sell the house she and her husband had purchased together. She had a buyer for the house, but the title company asked her if her husband had any children. She told them that they never had any children together, but he had a child a long time ago while in his twenties. She was shocked when the title company told her that child is the heir to her husband’s one-half community share of the house, and, therefore, would have to be a part of closing the sale.

It had been more than four years since her husband passed away, so without a good excuse, it was too late to probate the Will, not to mention the wife had no idea where the Will or any copy was at that time.

A Will that is not probated has no effect.