If my house is in my name alone and it passes to them in my Will, is it an asset that has to go through probate?
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If my house is in my name alone and it passes to them in my Will, is it an asset that has to go through probate?
Asked on July 2, 2015 under Real Estate Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If the house is in your name only, then it will be an asset of your estate. Therefore it will need to pass through probate the same as your other assets. If you want your house to pass to your children directly there are several thing that you can do. You could put your home in Trust or you could add your children to the deed. If you choose the latter, just make sure that the deed reads "joint tenants with rights of survivorship". This way upon your death, the house is theirs automaticlly as a matter of law. It will not become part of your estate and therefore need not go through probate.
At this point you should consider consulting directly with an attorney in your area, they can best advise as to all of this.
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