Q: My mom recently died. She only owned one car with 135,000 miles on it. So we need to go through probate?
A: Probably not. Most states have "small estate affidavits" (these documents go by many names) that permit the heirs to swear under oath as to the death of their ancestor (with a copy of the death certificate), the identity and location of the heirs, and other information. Banks, title agencies, and others are allowed to rely on these documents to release property of the deceased ancestor to the heirs. There are usually caps on the value of the property that can be passed in this way, but it sounds like your situation would not be a problem. Contact an experienced probate lawyer in your state for more information. Many offer free initial consultations and may be willing to give you information without charge. You can also check with your state's bar association for information about small estates. Good luck.
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