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Does the wife of the deceased have to have her husband's will probated if there are no children and she is the heir in Fla.

Tobyhanna, PA |

She is the sole heir there are no children and no one will be contesting the will.

Attorney Answers 3


Even if there are no children and the wife was the sole heir of the husband, the husband's will IN CERTAIN CASES, must be probated in Florida. This decision is made on multiple factors (for instance, on how properties were entitled, how properties are transferred after death, etc.). The Will would be probated in Florida if the husband's residence and domicile was in Florida when he died.

To actually determine if it is necessary to probate the husband's Will she will have to bring a copy of the Will to a lawyer of her choice (if in Florida to a lawyer licensed to practice in Florida and if in PA to a lawyer licensed to practice in PA) to analyze whether or not a probate estate needs to be opened and processed.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Suite A
Orlando, Fla. 32804
(407) 649-1404

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What state was the deceased a resident of? That will have a bearing on what needs to be done. Also the size of the probate estate can have a bearing. Please respond with those facts. That said, if the deceased died with property in his own name (probate property) as opposed to property that was joint, beneficiary designated, payable on death, is likely that a probate of some sort will need to be opened even if just for the wife. If she is truly the only heir at law or only beneficiary under the will it may be a very simple and streamlined procedure but in order to transfer assets from his name to her name some things will need to be done.

This is not legal advice nor intended to create an attorney-client relationship.

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You do not say whether or not there were any assets in the husband's name alone. If there were, as Attorney Zelinger pointed out, some form of probate is probably required. If there are no assets, many states still require the Will to be filed with the probate court. But probate is not necessary.

James Frederick

I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.

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