If my husband died without a Will and a very small estate, do I have to file anything with probate court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.