Q: My husband died in 2004. He left no will. I have done no legal paperwork for probate. Am I in trouble?
We had 3 children over the age of 18, a mortgage on our house and no savings, just our checking account for month to month bills. His name is still on the deed as is mine.
A: You are not in trouble. You may want to probate his estate to transfer the deed to you. You may want to close out the checking account with his name. If it was held jointly with right of survivorship, everything in the account became yours on your husband's death.
Ross F. Tew agrees with this answer
A:
None of the information you've provided would indicate you are in any trouble. There are different methods for determining the heirs in an estate. Where there are debts owed, other than your mortgage, you generally need an administrator appointed to settle up with the creditors. Given how long ago your husband passed away I seriously doubt creditor claims would be a factor.
If you are selling or refinancing the house, the title company may accept affidavits of heirship. If the estate is less than $50,000 after excluding the value of the home and certain exempt property, you can use a Small Estate Affidavit. This method is nice because it is relatively inexpensive, doesn't require a hearing, but does result in a court order stating who gets what. Otherwise you can apply for the court to make a Determination of Heirship. It is at least twice as expensive as the other methods, requires you to bring witnesses to the courthouse for a hearing, and you must pay for an independent, court appointed attorney who will investigate and verify the information you put in your application to the court.
Contact your local probate attorney and let he or she help you figure out the best solution given your circumstances.
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