Do all wills go to probate ?

[FlyingAway]

Husband has will, wife has will, each leaving everything 100% to the other in event of death. Bank accounts are joint accounts. All children over the age of 21 at time of death. Husband dies - does everything simply transfer over to wife or should the will go to probate ? thanks

 

[mf1]

No probate necessary if all assets are in joint names.

mf

 

[FlyingAway]

thanks. Is there a need to officially transfer the house soley into the wife's name ?

 

[Johnno75]

thanks. Is there a need to officially transfer the house soley into the wife's name ?

A bit rusty on probate, and I stand to be corrected but you would need to check the title deeds to see how the house was held by the spouses.

If the house was held by both “as joint tenants” then there’s no need.

However if the house was held by both spouses “as tenants in common” then you would need to extract probate and the executor do a transfer.

 

[FlyingAway]

Thanks for that, I'll check this out.

 

[jpd]

Working through probate for the husband now, will avoid delays when going through probate for the wife.

When I was handling my mother's probate, we hadn't done my father's who had died some year before and had to do first his and then my mother's so that prolonged the delay

 

[homer911]

No probate necessary if all assets are in joint names.

mf

Technically if the deceased only has cash assets in their own name of less than 25k then probate is not necessary. Jointly held assets are excluded. If the deceased held shares, land or property of ANY value in their own name, then probate is required

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