Is probate required when spouse dies?
Most married couples own everything jointly so that no probate is required when one of them dies. Whoever has possession of the will must put it on deposit with the probate court within 10 days of someone dying, even if not probate is required.
Attorney Tom Olsen: She never filed her husbands will for probate and everything was left to her. Now what steps you need to take to do this, any penalties? If most married couples own everything jointly so that the husband passed away usually everything automatically belongs to the wife no probate required.
Even so, even though no probate is required the law does require that when somebody dies whoever has possession of their original will is obligated to put it on deposit with the probate court within 10 days of the date of death.
Now if you don't do that hey there's no penalties to it you're supposed to but if you don't it's no big deal. Now she's asking me is almost sounds like 10 years later all of a sudden there's something that needs to be probated is going to be any problem with doing this probate 10 years after Dad died or husband died? No there won't be any problem with that at all.