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Is probate an inevitable cost for a surviving spouse?

Featured writing by Allan Norman · M.Sc. · CFP · CIM

The Short Version

Sandra and her husband have lived in the same home for four decades, but only his name is on title, and she wants to know whether his estate will face probate when he dies. Allan treats probate as a verification step that confirms a will and an executor, not as an automatic toll on every estate. Because the home has been owned so long, he raises an older land registration wrinkle that can sometimes let a long-held property pass without probate, and he weighs that against options like adding her to title or using a second will. He also makes the point that probate fees are only one piece of the picture, and that other taxes triggered at death can dwarf them. It is most relevant to long-married couples whose home sits in one spouse's name and who want to keep estate settlement simple and affordable.

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