If my husband died without a Will and a very small estate, do I have to file anything with probate court?

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If my husband died without a Will and a very small estate, do I have to file anything with probate court?

Asked on June 21, 2012 under Estate Planning, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sorry to hear about your husband.

The minimum value of an estate in which probate is required varies from state to state, but generally the minimum amount is a large figure.

If your husband has a very small estate, probate is not required.  Also, since your husband did not leave a Will, the rules of intestate succession apply as to inheritance.  Intestate means dying without a Will.  Under intestate succession, as the surviving spouse, you would inherit his entire estate.


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