Question:
My mom died with a car, her furniture and a little money in the bank. She didn’t have a will. Do I need to go through probate to get her property?
Answer:
I probably have some good news for you. If all of your mom’s property is valued at less than $150,000, not including cars, then the heirs of her estate can likely acquire her property through a simple process that does not require a court case, such as a probate. Instead, it requires an affidavit (a statement under penalty of perjury) declaring certain things to be true. The DMV and the bank likely have their own forms for this purpose. Otherwise, have an attorney draft one as necessary. It shouldn’t be expensive.