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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55705
Experience:  29 years of experience practicing law, including tax and estate planning.
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My husband died with a will naming me,s wife of 40 years

Customer Question

My husband died with a will naming me,his wife of 40 years executor. When trying to deal with Medicare, they say I need more than a certified copy of his will. A document signed by a judge. What kind of document are they referring to ? He does not need to go thru probate as he had nothing in his name.
I would appreciate any help as Medicare will not tell me what I need. Thank you.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Since your husband had no assets in his name at death, you don't need to go through the probate process. Rather, what you will need to provide Medicare is a Small Estate Affidavit. You can find the instructions and form for the Affidavit at the following link:
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Customer: replied 2 years ago.
Where is that signed by a judge? I have already sent things signed by notary and they have rejected it. Also how would I get a judge to sign?
Customer: replied 2 years ago.
Can I access this form on my regular computer instead of my tablet?
Expert:  Richard replied 2 years ago.

Yes, you can download this from the link on your computer. Once you complete it, submit it to the probate court clerk and direct the clerk to get it signed by the judge.

Customer: replied 2 years ago.
How do I download the link off the tablet to computer? When I type it in , it doesn't work.never mind I got it,
Expert:  Richard replied 2 years ago.

No worries. I'm glad I could be helpful! Have a great day!

Customer: replied 2 years ago.
Unfortunately in Washington the probate clerk says that judges do not sign small estate affidavit s. So another strike out.
Expert:  Richard replied 2 years ago.
Thanks for following up. Typically, the Small Estate Affidavit is sufficient and the reason that judges don't sign them is because it's not required. What I would do is to inform Medicare that your husband died with minimal assets and thus under Washington state law, probate is not necessary and that all you are legally required to provide is the Small Estate Affidavit to handle your husband's estate issues. It's likely the person you're talking to at Medicare doesn't understand the law and you may have to inform them that the Affidavit is all that is required.