This answer makes me more confused because in my internet search I read an article from another law firm that said:
"When someone dies, the first question is whether there will be a probate proceeding?
If all of the assets are in a living trust or joint tenancy, then the answer will be no. If the deceased person has more than $100,000 of assets in his or her name alone and there is no surviving spouse or the assets were not left to the spouse, the answer will be yes."
There is not more than $100,000 in assets in his name and I am the surviving spouse so wouldn't that mean NO probate?
There are full probate actions, and Small Estate probate actions. Lets back up. What property specifically is in his name? Cars, real property, motor homes?Yes, for small estates( less than $100,000 now, and as of Jan. 1 it will rise to $150,000) there are very abbreviated methods of settlement of the estate, and a formal probate action is often not needed.Doug
He has his motorcycle and a parcel of land in UTAH that is under his name only. The total value of both items is well under $100,000. Everything else is held in both our names.
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