probate will?

Question

I live in Alabama and my husband died and left a will that leaves all to me we have a home and other property. I have one adult child. Do I need to probate this will? It is uncontested.

Answer 1

In general, yes, because the will gives you more than what you would have received in an intestacy. In an intestacy in Alabama where your husband has died and is survived by you and one child, you would be entitled to receive $50,000 in value plus one half of the intestate assets.

However, you need to consider the details. You have not disclosed whether you and your husband owned all of your property jointly, and that may change my answer. If you and your husband owned your land, bank accounts, mutual funds, etc., jointly with right of survivorship, those assets would pass by operation of law. Things like pension funds, IRA accounts, and 401 (k) accounts, and insurance would go to named beneficiaries outside of probate. I do not know what kind of assets would pass through probate -- if your husband owned only an automobile titled in his name plus some hunting rifles, no, it would probably not be necessary to probate the will.

Answer 2

Yes, even though it is uncontested you will still need to probate it.