Q: Do you absolutely have to use probate for things that were not willed or TOD'd, if the person was married?
My boyfriends mother just passed, and she had a jeep in just her name that wasn't TOD'd or willed to anyone. No debts are owed on this vehicle besides a title loan, which will be paid as soon as possible. Do they absolutely have to use probate for this jeep, or can her husband come to terms with everyone on who it goes to without using probate? Also, can anyone legally take this jeep from the family after the title loan is paid?
A: Many states have "small estate" procedures by which probate can be abbreviated or avoided altogether by the execution and possibly filing of an affidavit. Check the probate rules and statutes for your state. The clerk of court or the DMV may also be able to advise you if you call them.
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