What happens to someones property if they aren’t married when they die does one have to file probate papers?

by admin ~ August 14th, 2007 . Filed under: Law & Ethics .
probate
norcaligirl247 asked:


Mom passed away I don’t know what to do with here property. Do I file for probate? She owed the county money on it for a block community grant that she received to fix her house. No one else in my family will do anything to help with her estate. she didn’t have a will. I hope this isn’t too extensive

Amos Probert
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2 Responses to What happens to someones property if they aren’t married when they die does one have to file probate papers?

  1. cblrdy

    You’ll have state laws wherever you live, and it will have to be settled through probate within a year of her death (not settled within a year, but go to probate before the year is up). Other than IRS debts you can usually get out of paying any bills at all if you want to. If it was a block community grant that helped her out? well, you decide. But if there is any kind of lien on her house that would have to be settled. Probate gets you through all of this and will tell you what to do but you should, in no way, end up owing any money to anyone out of your pocket. Also, don’t pay any bills now even if you have her money, just notify debtors of her death, you may need to send a death certificate to them and they will want one Without cause of death indicated, and they’ll send the final bill.

  2. WindyWayne

    The answer varies by state.
    If no Will, State law determines process.
    If estate is small, some states allow non-probate.
    Gather and concisely list the facts then call attorneys for a cost quote.

    There is NoLo Press In Berkley, California which has a web site for do it yourself legal matters.

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