Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?
We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..
A: If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.
If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his date-of-death without subtracting the mortgage is over $200,000. If it is $200,000 or less then you can file a small estate affidavit.
It's a good idea to consult an experienced probate attorney who can review your specific facts and give you legal advice.
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