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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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My husband died in 2009 and I am constantly asked if he has

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My husband died in 2009 and I am constantly asked if he has an estate. He left no will. I am paying the mortgage every month. His car was turned in to the loan company. Please explain what is involved in an estate and probate.
Submitted: 6 years ago.
Category: Legal
Expert:  Richard replied 6 years ago.

Good evening. If your husband died without a will, he is deemed to have died intestate. As such, his assets at death are distributed according to the California intestacy succession rules. Someone will need to petition the probate court in the county your husband died to be appointed your husband's executor...that person should probably be yours...and then the executor will need to administer the estate...assemble assets, pay the debts and then distribute any remaining assets according to the intestacy succession rules. If you are not comfortable with all aspects of this, any estate planning lawyer can help you navigate the process. You can find the intestacy succession rules at the following website...

 

http://www.lyster.com/estates/post_mortem_probate/intestacy_chart.htm

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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