I am assuming this is your mom and dad. Neither is a step-parent to you.. Question is are there any probate assets at all? If everything was held jointly with mother then there are no assets to be probated. Probate assets would be those in his name alone. To be sure you could file a Caveat in the probate court in county where your dad lived. A Caveat in the court file means if there are any proceedings opened to probate your father's Will you would b e noticed.