Do you need a Probate after your Spouse’s Death?

Share This Post

Do you need a Probate after your Spouse's Death?

Why is it necessary to probate?

Some people can make many wills in their lifetime. Therefore, land registry offices, banks, and other entities traded by the deceased may accept the instructions of the alleged executor when asked to complete the sale or transfer of the property in question. 

Probation is proving a person’s Will as the final Will. Therefore it is feasible by a designated executor. The process of evidence of a will is mainly decisive. Thus the executor nominated in the Will of the deceased confirms that this is the last valid Will of the dead. Provide to the register (the court that processes the application for probate). The court has accepted the evidence of the executor.

Granting probate is a legal document from a probate registration certifying that the executor has the authority to process and manage the property and liabilities of the deceased. Property management involves:

  • Collecting all the deceased’s property.
  • Paying off debt and expenses.
  • They distribute the final property to the beneficiaries according to their Will.

During this process, the executor will need to contact many institutions, such as banks and building-and-loan associations, as well as government departments, such as HMRC and the Council.

It is a common misconception that property is unnecessary if the deceased leaves a will. It’s not. The need for probate depends on your spouse’s specific financial situation, the assets in your real estate, and how those assets were held.

Does someone need to do probate if their spouse dies?

If your spouse dies, leaving behind the property that was their only property, you may need property. In some cases, if your spouse has life insurance, the insurance company may pay the beneficiaries specified when presenting the non-rebate death certificate, depending on their value.

You can request real estate if any real estate assets that belong exclusively to the deceased exceed a specific value. However, the more balance you have in your account, the more likely the bank will require the probate to close the account and distribute the proceeds to the executor. 

Each company has its minimum real estate value. Therefore, it is worth contacting the company that owns the deceased’s assets or liabilities as soon as possible to see if a real estate grant is needed to settle the account.

As a general rule, probate is unnecessary if spouses jointly own all the property assets. These can be assets such as real estate, bank accounts, building-and-loan accounts, savings accounts, etc. Joint property is usually automatically transferred to the surviving spouse through the rights of the surviving dependents. In this case, preparing a death certificate is often sufficient to move the shared property to the surviving owner, and the agency is unlikely to request a refund.

If there is no Will, then what happens?

If someone dies intestate, only specific individuals can apply for the grant of control-this complies with the Intestacy Rule. This person is called an “executor” instead of an executor if there is a will. The administrator must apply to the Probate Registry for the grant of a management letter, not probate. This process is similar to the process of applying for probate. This document acts like the granting of probate, making the person the “executor” of the property. Therefore, allowing the person to evaluate the property and pay debts. Moreover, it also helps to distribute the property according to the inheritance rules.

The will-death rule determines how the court distributes the property if someone dies without leaving a will. A specific list of beneficiaries in a particular order can be inherited according to the will-death rule. Therefore, we encourage you to fulfill your wishes through your Will. Like the granting of probate, the need for granting control depends on the specific financial situation of your deceased spouse. Also, it depends on the retention of the assets in the real estate.


When owning a property as a joint tenant, each person has a particular stake. This part does not fall under the survivor’s rights but under the Will of the deceased. If there is no will, it falls under the will-death rule. An inheritance certificate is required to transfer or sell the deceased’s property, with or without a will. In some cases, the land registry may accept a copy of the Will. Thereby it indicates leaving of the property to the deceased’s spouse based on the death certificate and will. In this case, giving probate is not necessary.

More To Explore

Subscribe to our Newsletter

legal will Long Island lega lwill New York legal will NYC legal will Queens legal will Staten Island living trust Brooklyn living trust Long Island living trust New York living trust NYC living trust Queens living trust Staten Island medicaid trust Brooklyn medicaid trust Long Island medicaid trust New York medicaid trust NYC medicaid trust Queens medicaid trust Staten Island New York estate planning legal New York probate lawyers NYC guardianship lawyer probate attorney Dutches county probate attorney Kings county probate attorney Nassau NY probate attorney Orange county probate attorney Putnam county probate attorney Queens probate attorney Rockland probate attorney Suffolk probate attorney Sullivan county probate attorney Ulster county probate Brooklyn lawyer probate lawyer Kings county probate lawyer Long Island probate lawyer Nassau probate lawyer Queens probate lawyers New York probate lawyers NYC probate lawyer Staten Island probate lawyer Suffolk probate lawyers Ullivan county probate New York attorneys probate New York lawyer probate NYC lawyer probate NYC lawyers probate property attorney probate property lawyer revocable trust Brooklyn revocable trust Long Island lawyers directory NY revocable trust New York revocable trust NYC revocable trust Queens revocable trust trust Bronx will attorney Brooklyn will attorney Long Island will attorney New York will attorney NYC will attorney Queens will attorney Staten Island will lawyer Brooklyn will lawyer Long Island will lawyer New York will lawyer NYC will lawyer Queens will lawyer Staten Island wills and trusts Bronx Wills and trusts Brooklyn wills and trusts Long Island wills and trusts New York wills and trusts NYC wills and trusts Queens wills and trusts Staten Island wills Brooklyn Estate Planning Boca Raton Miami Lawyer Near Me Lawyer Magazine Estate Planning Miami Lawyer wills Long Island wills New York wills Staten Island estate planning lawyers NYC probate New York lawyers trust and estate law firms estate planning attorneys Brooklyn estate planning lawyers Brooklyn estate planning Brooklyn estate planning New York attorney estate planning New York attorneys estate planning attorney Brooklyn estate planning New York lawyer estate planning New York lawyers guardianship attorney Brooklyn guardianship attorney Long Island guardianship attorney New York guardianship attorney NYC guardianship attorney Queens guardianship attorney Staten Island guardianship lawyer Brooklyn guardianship lawyer Long Island guardianship lawyer New York Estate Planning Lawyer NYC guardianship lawyer Queens guardianship lawyer Staten Island Near Me Dental Near Me Lawyers