Do I need to go to probate? My late husband died leaving a will with
me the sole beneficiary. His bank rtefuses to hand over the deeds
(which are in his name only) of the house unless I go to probate

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Request for Question Clarification by juggler-ga on 27 Dec 2003 14:30 PST

In what country/state do reside?

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Request for Question Clarification by juggler-ga on 27 Dec 2003 14:31 PST

"...do you reside?"

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Request for Question Clarification by muhammad-ga on 29 Dec 2003 06:23 PST

Probate is the legal process by which property owned by someone who is
deceased is passed to his /her heirs after the death. In other words,
probate is simply passing title or determining who gets what when
someone passes away, either by looking at the will, or if none exist,
then the laws of intestacy

If there is a will, the assets are distributed according to the
instructions of the will. If not, then state law determines who gets
what and how much.

In general, property which the deceased owned individually has to pass
through probate for ownership to pass to his or her heirs. Jointly
owned property and the proceeds of life insurance, retirement
accounts, and annuities pass to the surviving joint owner or the named
beneficiaries without the necessity of probate.

Typically, it is mandatory for you to probate to settle any financial
issue like handing over the  bank deeds.

To further help you in locating the probate law agency/lawyer, let me
know which country state you reside in and what is the nature of the
will that your late husband left.Was it authorised by any authority
and/or signed by any witnesses.

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Clarification of Question by joanne31-ga on 30 Dec 2003 13:07 PST

england

12-31-2003

My condolences on the loss of your husband.

What is the total value of the home/property being deeded?  In
addition to consulting with a probate lawyer, you need to contact the
county courthouse to find out what the minimum amount of estate value
must be before probate is required.  In real estate matters, probate
is almost always going to be required in order to officially transfer
the names of the new owner/heir to the official deed.  A lawyer could
tell you for sure whether or not probate is needed in your situation. 
I assume you want to continue living in the home (and do not plan to
sell it yet) and just want to get your name added to the deed as true
owner.

SINCERELY,
KEITH (I'm NOT a GOOGLE Researcher)

Thankyou Keith You have answered my question.

See the Court Services Web page for the forms, instructions, and procedures:

Wills & Probate
http://www.courtservice.gov.uk/cms/2971.htm

hlabadie-ga