My wife died in August of 2009. She did not have a will. Do I need to go to probate court?
Question Details: My wife died in August of 2009. She did not have a will. Do I need to go to probate court? We were buying a house, the house is in both of our names, we still have a mortgage on the house. All the checking accounts and credit cards were in both our names, my name was the only name on the life insurance policy, that I made the payments on. She has two boys in Illinois and we lived in South Carolina. We do not have a huge estate, She was on disability for over 10 years, so I paid most of the bills. We owe more than her estate was worth. I have been trying to find out if I have to go to a probate
Wills, Trusts, Probate Law Answers
Not all estates need go through probate. If there are no solely owned assets then it is not required. Here, in your case, since everything was jointly held or you were designated as the beneficiary (the insurance policy), there would be no need for probate. Basically, it's purpose it to pay off debts of the deceased and to transfer titled assets legally. Neither seems to be a factor in your situation.
If there is a small asset that you have not considered, you may still be able to avoid formal probate and file and affidavit for a small estates (most jurisdictions allow for this). This is basically a simplified and less costly alternative to probate for estates with minimal assets.
If you have any further questions/concerns a short phone call to an estate attorney in your area might be in order.
Best of luck and sorry to hear of your loss.
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