Q: My mother passed in December of 2018. I am having problems to fill out probate paper. I have no idea how to fill it out.
Its just her car. Someone please help!
A: Most states have "small estate" affidavits or affidavits of heirship that permit heirs to transfer car titles, obtain cash from banks or insurance companies, etc., as long as the heir will swear under oath as to certain facts such as: names and addresses of all of the decedent's heirs, that all the decedent's bills have been paid or provided for, that the decedent did not have a will, and that no estate administration has been commenced anywhere. When such affidavits can be used, they avoid the need for probate. If a car is all you're after, contact your state's motor vehicle department or search for your state's small estate affidavit for automobiles. Otherwise, talk to a probate lawyer in your state. Many offer free initial consultations. Good luck.
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