If my husband died without a Will or any assets that weren’t jointly owned, do I have to file in probate court?

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If my husband died without a Will or any assets that weren’t jointly owned, do I have to file in probate court?

Do I have to file with the courts if my husband had no estate assets?

Asked on February 6, 2018 under Estate Planning, New Hampshire

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss.  If all assets were jointly owned then they passed to you by operation of law - ie., automatically - at the time of his death.  So no, you do not have anything to file for probate.  I would suggest that you take his death certificate to the bank and take his name off the accounts.  And possible refile the deed (although that may not really be necessary).  Good luck.


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