My husband just passed away and searching through our papers I had this simple question!
Most likely there will not be a probate proceeding, but it would be best to meet with an attorney and review all of the facts and information about the assets, before relying on any answer provided without access to account and title documents. Normally in a husband and wife situation, everything is joint and no probate occurs. There are, however a few documents (not a probate proceeding) that normally are prepared by an attorney and recorded in the public records to clarify title issues on your home following the death of a spouse.
Not likely needed. Review with an attorney
Just to be sure. Sorry for your loss.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.
Probate is a court process which involves collecting a decedent's assets, notifying creditors, paying liabilities, and distributing the remaining assets to heirs. Typically, property (whether that be real property or personal property - like bank accounts or personal belongings) that is owned as Joint Tenants with Rights of Survivorship is not a probate asset where the court's supervision is required to transfer assets of the decedent. In a situation where there is only jointly owned property and the decedent did not have any debts, a probate proceeding would probably not be necessary. However, you should consult with an attorney to obtain legal advice directed to your specific situation.
This information is being provided for informational purposes only and is not to be taken as legal advice or to establish an attorney-client relationship.
Assuming that your husband did not own any property individually and without your name on it as a joint owner, probably no probate, but the will should be deposited in the clerk's office. If you are in a second marriage or he was and there were his children from prior marriage then they may dispute the ownership of his personal effects. in that case see a probate lawyer.
The information herein is for informational purposes and general information purposes. It should not be relied upon. Consult an attorney for legal advice that you can rely on.
If there are no assets that he owned indivudally and no litigation needs surrounding his passing, it sounds like there may not be a need to do a probate. Be sure and check with Florida treasure hunt https://www.fltreasurehunt.org to see if he has any assets you didn't know about.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
So sorry for your loss. Based on the information you have provided, probate will not be necessary. However, it's more than likely that your late husband had an important role in your will and health care documents, so it's very important that you consult with an attorney to review your estate plan. In addition, I suggest that you speak to an attorney about updating the title to your home and maybe doing some planning so that your beneficiaries don't have to go through probate upon your death.
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