Does your home go through probate when your wife or husband dies?

 

Transcript: Fred: I'm married, and statistically, I'll pass before my wife. All we have really is the house. Attorney Tom Olsen: All right. Fred: That does not have to go to probate? That automatically -- Attorney Tom Olsen: If you and your wife-- Fred: -- goes to her? Attorney Tom Olsen: If your wife own a home together or any piece of real estate together and you're identified as husband and wife and you pass away, your interest will automatically pass to your wife, no probate required. Probate will come into play when she passes away, or if you both happen to die in a common accident. Fred, you're correct. No probate if you pass away, but we still need to think about what's going to happen when your wife passes away as well someday, and we might as well plan for that now while you're both still alive.