Is filing probate mandatory?

[MVE6216]

What is the name of your state? Florida

My husband died unexpectedly in April. He did not have a will. He had no assets (we rented, no stocks or bonds, no health or life insurance, car is in my name). He has about $50,000 debt in his name only. I have sent notification & death certificates to creditors. Do I have to file probate or anything with the probate court? If so, how do I do that myself?

 

[moburkes]

What is the name of your state? Florida

My husband died unexpectedly in April. He did not have a will. He had no assets (we rented, no stocks or bonds, no health or life insurance, car is in my name). He has about $50,000 debt in his name only. I have sent notification & death certificates to creditors. Do I have to file probate or anything with the probate court? If so, how do I do that myself?

NO, it is not a requirement. I'm not sure if Florida is a state in which you are now responsible for his bills.

 

[Betty]

I agree - you opening probate is not a requirement - it seems there are no assets to probate.

Since Fl. is not a community property state, you would not be responsible for debts in your husband's name only. The only exception might be that in some states the surviving spouse might be responsible for the debts of deceased spouse under the doctrine of necessaries. However, normally this applies only to medical expenses.

You did the right thing in sending the creditors notice of death & a copy of the death certificate.

 

[MVE6216]

Thank you! Boy, I get opinions from everyone. I read on one web site that opening probate is required in every state. I may have a problem: most of his bills ARE medical bills, but under his name only. Suggestions?

 

[moburkes]

Someone more versed in probate should be by to answer your question later. Or you can look up the term that Betty gave you.

 

[Betty]

You might want to contact an attorney & ask your probate questions & also ask how the courts in your area/state have been handling the doctrine of necessaries. (whether you would be responsible for your spouse's med. debts to any extent)

 

[BlondiePB]

Someone more versed in probate should be by to answer your question later. Or you can look up the term that Betty gave you.

Only if MVE6216 made herself the guarantor of those bills would she be responsible for them.

 

[BlondiePB]

Thank you! Boy, I get opinions from everyone. I read on one web site that opening probate is required in every state. I may have a problem: most of his bills ARE medical bills, but under his name only. Suggestions?

Not true. You have nothing to probate. Did you sign any of papers making yourself the guarantor (i.e. hospital/medical papers)?

 

[Betty]

Only if MVE6216 made herself the guarantor of those bills would she be responsible for them.

Blondie, just for my own info - I know if she signed to be responsible for bills, made herself guarantor, she would definitely be responsible for them. However, under the doctrine of necessaries it was my understanding that one spouse can still be responsible for medical debts of another even if they didn't make theirself guarantor. There was a court case in NC where the wife wouldn't sign to be responsible for husband's medical debts when he went into the hosp. but both got sued for them & it was contended that both were responsible under doctrine of necessaries. Does your info just apply to OP's state - Fl. I know some states have abolished the doctrine but I am not up on all states rules re this. That's why I said check with a lawyer. Thanks. Betty

 

[Betty]

I did some checking myself & it looks like Fl. has abolished this doctrine (as has several other states)

The Florida Supreme Court was correct in its assertion that a lack of consensus existed regarding the doctrine of necessaries. Although the court stated that its decision was not a comment on which policy the state should adopt, the Florida Legislature should consider abrogation/abolishing to be the best alternative and refuse to codify any form of the doctrine. While Florida's decision to abrogate may place it in the minority, the Florida Legislature would not be alone in refusing to codify the doctrine. Furthermore, those states that have reaffirmed or codified the doctrine in its original form should follow Florida's lead by abolishing this outdated and unnecessary law. No form of the doctrine, whether it imposes joint and several liability, primary liability on the spouse who incurred the debt, or primary liability on the husband, is an acceptable alternative in a rapidly changing society in which families should be free to merge or separate their financial resources as they deem fit.

 

[BlondiePB]

I did some checking myself & it looks like Fl. has abolished this doctrine (as has several other states)

The Florida Supreme Court was correct in its assertion that a lack of consensus existed regarding the doctrine of necessaries. Although the court stated that its decision was not a comment on which policy the state should adopt, the Florida Legislature should consider abrogation/abolishing to be the best alternative and refuse to codify any form of the doctrine. While Florida's decision to abrogate may place it in the minority, the Florida Legislature would not be alone in refusing to codify the doctrine. Furthermore, those states that have reaffirmed or codified the doctrine in its original form should follow Florida's lead by abolishing this outdated and unnecessary law. No form of the doctrine, whether it imposes joint and several liability, primary liability on the spouse who incurred the debt, or primary liability on the husband, is an acceptable alternative in a rapidly changing society in which families should be free to merge or separate their financial resources as they deem fit.

That's just one of the reasons why FL is a good place to die for probate purposes. OP is not the only one here who is a resident of FL.

 

[Betty]

That's just one of the reasons why FL is a good place to die for probate purposes. OP is not the only one here who is a resident of FL.

Oh, so that is why so many people retire to Fl. - that & the weather.

 

[peppylady]

No if you are married and your spouse dies you do not have to open probate in the state of Florida. My husband died in 2002 and we owned a condo and 2 cars jointly. I never even filed my husband death certificate with the clerk in my county. My husband had 10,000.00 in debt in his name some of them were medical bills. The only bill I was responsible for was our gas card because we had the same acct number and 2 cards one in his name and one in mine.

 

[MVE6216]

Thank you!

Thank you all so much for your help. No, I am no a co-signor or guarantor of any of my husbands medical (or other) debts.

 

[MVE6216]

One last question (I think)... would I be considered the "administrator" of my husbands estate? I will continue to deal with his creditors until final disposition and I want to use correct terminology. Any other suggestions in corresponding with these companies? They don't take no for an answer. We have no assets, just lots and lots of debt.