Do we have to go through probate if my husband has been declared next of kin?

UPDATED: Oct 1, 2022

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Do we have to go through probate if my husband has been declared next of kin?

My husband’s uncle passed away. He was preceded in death by his parents, only

brother and niece survive. He does have kids but no one knows how to find them not even the VA. So how do we go about closing his accounts and stopping his Social Security and filing for his life insurance?

Asked on August 21, 2018 under Estate Planning, Wisconsin


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

Answered 4 years ago | Contributor

I am so sorry for your loss. Yes, you will still have to go through Probate.  The legal requirements by the Probate Court are different than the VA.  Your husband should file to be come the Personal Reprensetative of his Intestate Estate (died without a Will).  You are going to have to file affidavits as to trying to get in touch with his children (likely you will have to publish notices of the intent to file for probate).  The accounts are frozen and will be until a PR is appointed and SS should stop when the VA notifies them of the death.  Good luck.

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