My condolences to you on your loss. I am going to assume that you and your husband had your primary residence in Georgia. If your deed does not specifically state that you and your husband owned the house with rights of survivorship, as "joint tenants" or something very similar, then yes, you probably need to probate the Will to transfer the house to yourself. I very strongly recommend that you consult a lawyer to ensure that you know what to do and how to proceed.
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I agree with Ms. DiSalvo and based on her answers to questions on AVVO she is very thorough and knowledgeable.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
You definitely have to do a probate. You want to meet with an attorney because there may be some simplified means to handle this. If he had children they also share in his part of the home. You can't avoid probate, but the good news is that there may be several options in probate court - years support (if he died less than two years ago), a regular probate, or a no administration necessary. The wrong choice can be costly, so step one is to see a lawyer.
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