Posted on: 05th Oct, 2009 07:10 am
My husband passed recently. Do I have to obtain a lawyer and go through probate if our home and bank accounts were in both our names?
He did have a car which was in his name only. He left a well and had two witness, but it was not signed by a notary. He left me as beneficary... Could I have just filed a affidavit of airship? I want to do the right thing.
Thanks you
He did have a car which was in his name only. He left a well and had two witness, but it was not signed by a notary. He left me as beneficary... Could I have just filed a affidavit of airship? I want to do the right thing.
Thanks you
Please reply quickly
Hi pat.turpin,
As your husband has left a will, it needs to be probated in order to transfer the property. You will have to contact an attorney and get the will probated. However, as the will is not notarized, I don't think it will be considered as valid. An attorney will be the best person to let you know whether or not you should probate the will. If the will is not required to be probated, you can sign an affidavit of heirship at the county recorder's office and get the property transferred in your name.
Thanks
As your husband has left a will, it needs to be probated in order to transfer the property. You will have to contact an attorney and get the will probated. However, as the will is not notarized, I don't think it will be considered as valid. An attorney will be the best person to let you know whether or not you should probate the will. If the will is not required to be probated, you can sign an affidavit of heirship at the county recorder's office and get the property transferred in your name.
Thanks