Susan Moore Graham's Answers

Susan Moore Graham
Boise Estate Planning Attorney.
Contributor Level 6

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Attorney answers:

  1. Ayuban Antonio Tomas
  2. Richard Irwin Kantner Jr.
  3. Jeffrey Scott Goethe
  4. Andrew Daniel Myers
  5. Susan Moore Graham

If my husband died without a will, can our home still go into probate?

Asked by a user in Pensacola, FL - almost 2 years ago.

The answer depends on the state where you live and where the property is located. In Idaho, you need to do nothing. Upon your death the daughter can record an affidavit along with a certified copy of your death certificate and the death certificate of your husband. That will be sufficient to change the name on the deed to the daughter's name. The probate process is state specific. Some assets that have beneficiary designations, such as life insurance or IRAs, do not need to be probated....