My husband died a few weeks ago and left no will and no assets. The local court told me I do not need to go through probate.

Asked about 2 years ago - Herndon, VA

They said to just send each debtor a copy of the death certificate. He had no money in any checking or savings account as he had been ill and out of work for almost a year. The only asset is a house that is not worth what is owed on it. The house is titled in both our names but the loan was solely in his. Can someone tell me IF i need to go through probate.

Attorney answers (2)

  1. Eric Jerome Gold

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . Mr. Frederick's answer was spot on. I would simply clarify that you want to send a copy of the death certificate to your husband's creditors not debtors. If your husband had debtors, that means that the debtors owed your husband money, not the other way around.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Based on what you have said, probate does not seem to be necessary. Probate is required to give someone legal authority to transfer title to the assets in a decedent's name. If all of the assets were jointly held or named you as beneficiary, then you would now be the sole owner, and there would be nothing left for the probate court to do.

    In light of your husband's death, you should consult with an estate planning attorney to make sure that your estate planning is all in order and does not need to be adjusted.

    I am very sorry for your loss.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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