If my husband past away unexpectedly suddenly and did not have a Will, does it have to go through probate or can I just handle things myself?

Asked on June 17, 2014 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss. This is complicated without knowing a little more about his estate First, if he died without a WIll then the intestacy statute will apply. But only those assets that are considered his alone would have to be probated. Any assets that are jointly held between you with rights of survivorship passed to you automatically at the time of his death and are not considered estate assets. If they were all joint then you may have to do nothing in Probate.  If he had minimal assets held alone then maybe a small estate proceeding would apply. I would speak with an attorney on a consultation basis.  Good luck.


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