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You aren't the executor of the estate until the court appoints you. If your husband left property standing in his name alone then his estate must be probated. You should seek the advice of an attorney who specializes in probate who can review your situation and explain your options. If your husband left a will you should bring it with you when you meet with the attorney.
You can file for divorce even if your husband was still living at home. However, divorce laws vary by state.
Letters of administration of probate are issued by the court. If a will is left by the deceased, the property is distributed according to the will. If there is no will, the property goes into probate and the courts decide.
If the decedent left any property that was solely owned the estate must be probated. Any property owned as joint tenants would automatically pass to the surviving joint tenant.
Don't do anything. The property left to you does not legally become yours until such time as the deceased's will has completed the probate process.
The best thing to do in this situation is get a probate lawyer on your side to get what is owed to your husband.
Probate is a legal term for the court procedure of finalizing the affairs of a person who has died and left a will. Usually the executor named in the will begins the probate process by filing the original will with the court.
Probate is typically not needed for assets held in a living trust because they pass directly to the beneficiaries named in the trust. However, any assets that were not properly placed in the trust before your father's death may still need to go through probate. It's important to review the trust document and consult with an attorney to ensure all assets are properly accounted for.
A will must "go to probate" in order to be declared legal and enforceable. Going to probate means having the will proved as a valid last will and testament according to the applicable state laws.
The husbands estate is responsible, but not the wife directly. The amount of the husbands debt will be subtracted from his assets after his death. His wife will usually inherit what is left, unless the husband left other instructions in his will (ie leave everything to charity). If the husband dies and his debt is larger than his assets, then the creditors usually lose the difference. This is all handled through probate court, and a judge can choose who gets what.
Probate in its self is the procedure you take when there was not will left. It helps to figure out how to administer the deceased persons assets.
A will must go through probate and the transfers documented. That makes sure all of the legal requirements are met and taxes paid.