My spouse died and left a will leaving his/her assets to me and my children. Do we have to probate the will?
Even if your spouse has passed away and left a will leaving all of his assets or her assets to you and your children, that will still would need to be probated. You would have to go through the probate process as long as the decedent owned assets solely in his or her name. If the assets were held jointly, they would most likely automatically pass to the surviving owner. But if there were assets solely in the decedent’s name, those assets would have to go through the probate process in order to be distributed to either the spouse or the children of the decedent.