Legal Question in Wills and Trusts in North Carolina
Spouse dies without will, how can I avoid probate?
My wife was given a house by her father. The house is deeded in her married name. She died in April and did not have a will. How can I , as her husband, take possession of the house without going through probate.
2 Answers from Attorneys
Re: Spouse dies without will, how can I avoid probate?
An affidavit of heirship (form in the probate code) may be filed in the county deed records. Of course, for you alone to have the house, you must be her sole heir, and that depends on whether she had a will and the laws of descent and distribution found in the probate code.
http://www.reasonable-doubt.com
Re: Spouse dies without will, how can I avoid probate?
You might get by with an Affidavit of Heirship in Texas, but you'd have to check with a North Carolina attorney to see if they have the equivalent.
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