Thank you for your reply.
When someone passes away, then their estate has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts (those that do not have a pay on death clause) - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.
So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration (hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' names.
Now, the attorney is assuming you wish to be the Executor (Personal Representative) of the estate. After all, he was your husband. However some surviving spouses do not wish to be the Executor and you can simply let the attorney know. They will then find someone else.
As for the property - all you have to do is to sign a deed over to whomever will inherit it OR the estate. Whoever is the Personal Representative (once you bow out) should send you the paperwork to do this.
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