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Is it mandatory that your homestead be probated?

Additional Information:

When my mom died, her only asset was her home & the contents of it, of which she considered “her estate”. When she wrote her Will(it being legal), she willed her “estate” to her three children. Is it necessary that her homestead be probated? I was told a few years ago that you did not have to file for homestead. She has no creditors. She always “prided” herself on the fact that she didn’t owe anyone & she always paid on time.

ATTORNEY ANSWER:

Sorry for your loss. Assuming your mother owned her home individually (just her name was on the respective deed) when she passed away, the property needs to be probated. If the named personal representative in your mother’s will has not done so already, he/she needs to file the will with the respective probate court to proceed with the respective probate process.

The Beliveau Law Group: Massachusetts | Florida | New Hampshire

The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and Salem, New Hampshire.

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