If a woman lost her husband of 9 months and he died intestate, does she need to file probate?
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If a woman lost her husband of 9 months and he died intestate, does she need to file probate?
He is record owner of land from a deed dated 13 months ago which is secured by a note to prior owners for $28,000. Decedent has no children or parents only surviving siblings. Does the surviving spouse automatically inherit his real property and personal assets and his debt? Does she need to petition the court regarding the real property? The surviving spouse is not listed on his bank account. Does she need to file probate to access money?
Asked on February 8, 2012 under Estate Planning, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. If he died with out a Will then he died "intestate" and the intestacy laws in the state will apply. Because the property was not jointly held giving you immediate access and rights under the law, you will need to be appointed as th personal representative of his estate in order to take care of any of the legalities here. Now, the intestacy laws in your state will apply. In New York where I am you would inherit all because there are no children and regardless of the parents or siblings. Get help here. This can get overwhelming. Good luck.
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