My wife passed 4 months ago. We have three properties that my wife and I both are on the deeds and three vehicles that are in her name only. Her adult son from a previous marriage and I are very close and he agrees that he wants me to maintain everything and support him and his kids as we have for the last eight years. I was wondering if this needs to go through probate process since all parties are in agreement on the way forward.
Please accept my condolences on the loss of your wife.
If she had no debts, if she did not have a Will, and if you and her adult child are the only heirs, then you may be able to use a Petition for No Administration Necessary to settle her estate without a full administration.If she has debts, and even if she has a Will, you might also be able to file a Petition for Year's Support and request that the entire estate be awarded to you- again without a full administration. Depending on how the properties were titled, what other assets or debts she had, and whether or not she had a Will, you might not even need to do anything with the probate court. However, no one is going to be able to tell you what you actually can or should do in this kind of forum. Please find an experienced probate attorney near you and schedule a consultation. The attorney can then review all relevant info rmation and discuss your available options with you, and can then help you move forward.
Best wishes to you.
Probate is always required whether to prove that the Will is the Will of the person who died or, if there is no Will, to prove that the people who think they are heirs and the heirs and the only heirs.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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