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  1. #1
    Join Date
    Apr 2006
    Location
    Philadelphia, PA
    Posts
    1

    Default Probate a will with a surviving spouse?

    My brother passed away last month and has a surviving wife. There is a home equity loan in both names against the house. There is also a truck owned by my brother, but which his daughter drives (and is insured under the daughter and my brother). Can his wife transfer the title of the truck to herself with just a death notice? There is also a small bank account ($3,000) which is just listed in my brother's name (and no one else). Can that be accessed with just a death notice and the will? She was told she would have to have a formal reading of the will and have the will probated. The surviving wife's name is on everything but the one bank account and the truck. Does the will have to be probated? Also, can a reading of the will be done without a lawyer at city hall or somewhere else. And does a lawyer have to be involved in probating the will??

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Everybody resides in Pennsylvania, and that's where the property is situated?

  3. #3

    Default

    What is important is how the deed to the house reads. If it is Joint with right of survivorship then you may not have to go thru probate. Check how the deed reads, it is on record at the courthouse, and then make an appointment with one of the clerks at the probate court. Take an original of the death certificate, a copy of the obit, and his will.

    The "reading Of the will" is only on Perry Mason. There is no such requirement.

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