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Do I need to go through probate after my husband's death?

Do I need to go through probate after my husband's death?

Q: What happens if my husband dies and both our names are in the house?

If both names are on the house deed as joint tenants with right of survivorship, you automatically inherit the property when your husband passes away. You would not need to go through probate. If the ownership is as tenants in common, you may need to go through probate to handle his share of the property.

Q: What happens when my name is not in the deed of the house?

If your name is not on the deed, you may not automatically inherit the property upon your husband's death. The property would typically be handled according to his will or, if there is no will, under Mississippi's intestacy laws. This process may require probate to transfer ownership.

Full question:

My husband died April 1, 2009. We had wills and powers of attorney done in Mississippi 4 years ago. We have 2 homes with mortgages and both our names are on these. His name is not on any other property or investments. Do I have to go through probate, file, or present the will in court? The combined worth of both homes is approximately 300,000 with 150,000 mortages.

Category: Wills and Estates
Subcategory: Probate
Date: 04/07/2025
State: Mississippi

Answer:

When a person dies, their assets are typically distributed through the probate process. Since your husband had a will, it must be presented to the court for probate. In Mississippi, if the total value of the estate exceeds fifty thousand dollars, a formal probate petition must be filed in the county where he lived. This process involves appointing an executor to manage the estate and ensuring all debts are settled before distributing assets.

If the properties were held as joint tenants with right of survivorship, they would automatically pass to you without going through probate. However, if they were owned as tenants in common, you would need to go through probate to transfer his interest in the properties. Additionally, if the estate's personal property value is under ten thousand dollars, it might qualify for a simplified process known as a muniment of title, which avoids full probate.

Mississippi law allows for the executor or administrator to execute a fiduciary deed to transfer property interests. It’s advisable to consult with a legal professional to determine the best course of action based on your specific situation and the ownership structure of the properties.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What if my husband died and my name is on the house?

If your name is on the house deed as a joint owner, you typically inherit the property automatically upon your husband's death. This is known as joint tenancy with right of survivorship. You would not need to go through probate for that property. However, if the property was owned as tenants in common, you may need to go through probate to transfer his interest in the property.

What happens if my husband dies and both our names are in the house?

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed and the deceased had a will, the property would be distributed according to the terms of the will. If there is no will, the property may go to the deceased's heirs under Mississippi's intestacy laws, which generally favor close relatives. Probate may be necessary to transfer the property.

What happens when my name is not in the deed of the house?

What happens to a jointly owned property if one owner dies in Mississippi?

In Mississippi, if the property is owned as joint tenants with right of survivorship, the surviving owner automatically inherits the deceased owner's share without going through probate. However, if the property is held as tenants in common, the deceased owner's share would need to go through probate to be transferred to their heirs or according to the will.

What if my husband died and I am not on the deed?

If you are not on the deed, you may not automatically inherit the property. The distribution will depend on whether your husband had a will. If he did, the property would be distributed according to the will. If there is no will, Mississippi's intestacy laws will determine the heirs, and probate may be necessary to transfer ownership.