Q: My mother just died on the 15th the mortuary guy said I only have 10 days to file for probate.Is this true?
she changed the will with a codicil in July of 2013 in my favor of getting the whole house. Do I have to do anything like file for probate. The elder law attorney had me sign the house over to me with my POW which she changed me to POW in july of 2013. What do I need to do now that she is passed on 2/15/18?
A: Since there is a lot here, you are advised to schedule an appointment with the attorney you mentioned. The attorney should be familiar with your mother's estate and can advise you.
As far probate, it is possible based on the size (or lack of size) of the estate that probate is not required. Additionally, you do NOT need to file for probate within 10 days of death. In fact, there may be reasons to wait at least 1 year from death before filing. I think the mortuary representative may have been referring to reporting the death to the Social Security Administration AND recording the death with the state. Most mortuaries do both things as part of their services.
Timothy Canty agrees with this answer
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