Q: I have a hand written will that all assets go to me, his wife but there is not a legal marriage license.
How do I complete probate? Our home and car are only in his name and it is under 100,00.00 in assets. Do his children have to do the probate or can, I. They all agree that the property is to be mine. We were married in Idaho under the common law.
A: The handwritten will should be submitted to the probate court to begin the probate process, along with a petition. If the fair market value of the real property (home) is less than $200,000 and the fair market value of the car and other personal property is less than $75,000, you may be able to submit a small estate affidavit to complete the probate process. You can start the probate if you are named as the personal representative in the will. You may be eligible to begin the probate proceeding even if you are not named as the personal representative in the will. You should consult with an attorney to determine your options.
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