Category: Probate and Estates

If you want to ensure the Will is enforceable, the answer is generally yes. There are situations where families decide not to probate a Will, but this decision should be made after consulting with an experienced probate attorney. Failure to probate the Will within 4 years of death can make it difficult to probate/enforce later. Contrary to popular believe, a surviving spouse or only child DOES usually have to go through the probate process, even if all property is co-owned.