She left without a will
January 2, 2018 8:58 PM Subscribe
My spouse passed away in California and she didn't leave a will.
I need to do some things like get rid of her truck that has been sitting in our driveway undriven for a year since she got sick. She didn't have a lot of individual assets, but there are a couple. She might have some student loan debt that I don't really know about and possibly a few small medical bills. Where do I start? Do I need to go to a lawyer? What kind? Do I need to go to court?
I need to do some things like get rid of her truck that has been sitting in our driveway undriven for a year since she got sick. She didn't have a lot of individual assets, but there are a couple. She might have some student loan debt that I don't really know about and possibly a few small medical bills. Where do I start? Do I need to go to a lawyer? What kind? Do I need to go to court?
Do a search on Probate Small Estate and your county. Here is the description of what you have to do for a small estate in Alameda County.
posted by metahawk at 9:22 PM on January 2, 2018 [1 favorite]
posted by metahawk at 9:22 PM on January 2, 2018 [1 favorite]
My husband died at the age of 47 in the state of California and he didn't have a will. I did not need an attorney and have had absolutely no problems getting everything in order on my own. Most issues will only require an official copy of her death certificate and possibly a copy of your marriage license. I found most people to be more than helpful with any questions I had. For instance, you could call the DMV and let them know your wife has passed and you need to find out how to transfer her truck into your name.
I am so sorry for your loss.
posted by Sunnyshe at 9:26 PM on January 2, 2018 [8 favorites]
I am so sorry for your loss.
posted by Sunnyshe at 9:26 PM on January 2, 2018 [8 favorites]
I don't think you will need a lawyer. Google "small estate affidavit $YOURCOUNTY California" -- something like that and you should find a form to fill out. It will ask you to name her assets, then return it to your county courthouse with a death certificate and a processing fee. The court will hold the estate open for a couple of months, which gives creditors a chance to get their bit, and at the end of the period anything that's left will go to you.
Here's a basic discussion of small estate affidavits in California.
In my experience, the banking of the dead is totally depressing, but it feels a little better when it's done. Wishing you peace.
posted by hungrytiger at 9:38 PM on January 2, 2018
Here's a basic discussion of small estate affidavits in California.
In my experience, the banking of the dead is totally depressing, but it feels a little better when it's done. Wishing you peace.
posted by hungrytiger at 9:38 PM on January 2, 2018
I'm so sorry. Here's a straightforward explainer from Nolo.
posted by rhizome at 1:10 AM on January 3, 2018 [2 favorites]
posted by rhizome at 1:10 AM on January 3, 2018 [2 favorites]
My husband died in LA County a couple of years ago. I'll send you my probate/estate lawyer's info -- he was great and very patient in explaining all the tricky little things.
If you feel comfortable filing a small estate affidavit (like hungrytiger mentioned above) by yourself, go for it. If you want a lawyer to handle it or hold your hand through it, do that. (If you find this process stressful or an unwelcome distraction from Other Things, personally I'd encourage you to hire a lawyer -- I don't think it should cost much to have someone draw up an affidavit for you.)
As for the car, here's the DMV page that explains what to do to re-register it in your name. There's a section specifically about the requirements when you're not going through probate.
posted by katieinshoes at 6:45 AM on January 3, 2018 [1 favorite]
If you feel comfortable filing a small estate affidavit (like hungrytiger mentioned above) by yourself, go for it. If you want a lawyer to handle it or hold your hand through it, do that. (If you find this process stressful or an unwelcome distraction from Other Things, personally I'd encourage you to hire a lawyer -- I don't think it should cost much to have someone draw up an affidavit for you.)
As for the car, here's the DMV page that explains what to do to re-register it in your name. There's a section specifically about the requirements when you're not going through probate.
posted by katieinshoes at 6:45 AM on January 3, 2018 [1 favorite]
It may be as simple as many of the responders are indicating. However, it also may not be if there are children of your marriage, children of prior marriages, etc. Community property can be weird. Some legal help may be in order, even if just to see if you need help.
posted by uncaken at 9:05 AM on January 3, 2018
posted by uncaken at 9:05 AM on January 3, 2018
My condolences.
Note that federal student loans are usually discharged by death, whereas private student loans often are not. However, if the loans were taken out prior to marriage, creditors can make a claim only against your wife's share of the estate--that is, her half of the community property and all of any separate property she may have had. They can't make a claim against your half of the community property or your separate property. They may well try to get you to pay personally anyway. Don't do it!
posted by praemunire at 12:51 PM on January 3, 2018 [3 favorites]
Note that federal student loans are usually discharged by death, whereas private student loans often are not. However, if the loans were taken out prior to marriage, creditors can make a claim only against your wife's share of the estate--that is, her half of the community property and all of any separate property she may have had. They can't make a claim against your half of the community property or your separate property. They may well try to get you to pay personally anyway. Don't do it!
posted by praemunire at 12:51 PM on January 3, 2018 [3 favorites]
This thread is closed to new comments.
posted by intermod at 9:16 PM on January 2, 2018