[kdsharp]

My husband died with no will. All our assets, what few there are, are in my name, or don't require a name. We had separate checking accounts. He is listed on the deed to my house, but the mortgage is in my name only. There is a royalty check and proceeds from a credit life insurance policy that paid off a small personal loan that he had. This totals less than $2500. Do I need to go through probate for this, and am I right in assuming it will cost me more than I will get out of it?

Thank you.

[twinkiedooter]

For that amount you don't need probate. To probate less than $2,500 will cost you probably twice that much in legal fees. When you probate an estate it is basically to determine what goes to who if there are heirs. Since you're it, and there is no one else, you don't need to do this.

How did you possibly get the deed in his name only and the mortgage in your name only?

[kdsharp]

The deed is in both our names. At the time we purchased the house my husband was disabled but had not been long enough to qualify for the loan and had a sketchy work history, so the loan officer put the mortgage in my name, but legally I was told his name had to be on the deed.

Is there a way other than probate for me to be able to get the check cashed from the personal loan? It's made out "to the estate of" and it's possible that the final royalty check may be made out that way as well.

[ScottGem]

There is your problem. Generally you will have to go through probate to be appointed the executor of his estate. Only then can you open an estate account to cash the checks. Also, if the deed is not titles as joint tenants with right of survivorship then you will need to have the executor sign over the property to you.

However, if there are no other heirs then this may not cost you much. Go to your local probate court and ask what forms need to be filed. You may be able to do this yourself.