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September 23, 2025

[SC] [SC] What are joint tenants with rights of survivorship?

I understand that in South Carolina, when a spouse passes away, the title to the home is automatically transferred to the surviving spouse. What form is used for this? Also, I am a small estate judgment in probate court. Should the home be listed under that form as a real estate holding for my deceased wife?

SC Estate Probate

September 16, 2025

[NC] Does a home in joint ownership void the small estate?

Does a home in joint ownership void the small estate?

NC Estate Probate

September 15, 2025

[UT] [UT] How do I transfer my mother’s land to my name?

My mother passed away in January and she has non-primary land in Utah that I would like transferred to me as next of kin and executor of my father’s estate.

UT Estate Probate

September 12, 2025

[CA] [CA] How do I use the small estate affidavit to collect on an IRA?

What is the process for the small estate form? My husband has been deceased for over one year. Our trust has been administered. I just found out about an IRA (approximately $2,500) and am trying to obtain those funds. He died in Mexico while on vacation. What do I do with the form once it is filled out?

CA Estate Probate

September 12, 2025

[NV] [NV] Which Transfer on Death Deed should I use to sell my dad’s car?

My father recently died, and I received his death certificate. He lived in Henderson, Nevada and I live in Chicago. I’d like his friend to sell his car with this form. Do I use the Nevada version of the form?

NV Estate Probate

September 11, 2025

[IL] [IL] How do I file a small estate affidavit to claim my brother’s assets?

I need to file a small estate affidavit on my brother’s savings account. He died on March 15th, and the bank says this is the way I can get it.

IL Estate Probate

September 11, 2025

[IA] [IA] How do I add specific language to a state’s small estate affidavit?

According to the credit union where my father’s remaining dollars are, the small estate affidavit needs to include any applicable debt owed to the Iowa Department of Human Services for benefits the deceased person received has either been paid or will be paid by these funds, and any applicable taxes due to the Iowa Department of Revenue have either been paid or will be paid from these funds. My father died in January 2023, and I assure you all has been taken care of. How do I add this language to Iowa's affidavit?

IA Estate Probate

September 10, 2025

[TX] [TX] How do I use a small estate affidavit to assume property in another state?

Hi, I just filled out a small estate affidavit. My brother-in-law passed away in Culberson County, Texas (Van Horn) on February 14, 2024. His two sons, the heirs, don’t want his pickup truck and trailer, but are letting me take over payments so I can buy and own them. The form says they are the heirs and that I need to sign this in Texas. I live in Minnesota. What do I do?

TX Estate Probate

August 10, 2025

[CA] [CA] Why am I being told to go through probate for my parents’ estate when it qualifies for a small estate affidavit?

My parents' estate is valued at less than $184,500.00 and thus qualifies for an "Affidavit for Collection of Personal Property" in the state of California where my mother died (who survived my dad) and where I live. There are two different retirement accounts (one was my dad's and one was my mom's) that together are worth around $100,000. Neither account has a named beneficiary, but I am listed in each of their living trusts as an heir. Both companies are insisting that I have to go to probate in order to receive the funds. The ACP clearly states that they are to release the funds and will be held harmless from any liability if they release in good faith, and they have no duty to inquire as to the veracity of the statements in the Affidavit. It also says that they will be responsible for any attorney's fees that I might incur because they don't honor the Affidavit. I'm getting nowhere with them. Any thoughts and/or suggestions?

CA Estate Probate

August 7, 2025

[FL] [FL] Can a HOA foreclosure for past HOA assessment fees be stopped or even revoked if there was fraud that caused the action?

The personal representative lied about there not being any liquid cash in the estate in order to claim that he can't transfer the condo and that he had no money in the estate to pay expenses.

FL Estate Probate

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