Is probate necessary?

[njr]

What is the name of your state? CA
My father-in-law recently passed away without a will. He was not married and my husband is the decedent's only child. The only property of value my father-in-law owned was 2 cars. The CA Department of Motor Vehicles does not require probate for the vehicles to be transferred into my husband's name but I am concerned about my father-in-law's outstanding debt. I know he had unpaid medical bills and I'm wondering if we have to go through the probate process in case the vehicles can be used to satisfy those debts.What is the name of your state?

 

[seniorjudge]

If you want, sell the cars and use the dough to pay on some of the debts.

 

[divgradcurl]

What is the name of your state? CA
My father-in-law recently passed away without a will. He was not married and my husband is the decedent's only child. The only property of value my father-in-law owned was 2 cars. The CA Department of Motor Vehicles does not require probate for the vehicles to be transferred into my husband's name but I am concerned about my father-in-law's outstanding debt. I know he had unpaid medical bills and I'm wondering if we have to go through the probate process in case the vehicles can be used to satisfy those debts.What is the name of your state?

You probably should go ahead and file for probate. Most counties in California have simplified probate procedures for small estates and estate without real property -- check with your city or county (on the web, most likely), to see if they offer simplified probate. That way, there is no questions that everything was done correctly, and that will cut off any creditor actions to try and come after your husband for any of the unpaid debts.

 

[tecate]

Vehicle Code Section 5910 and Probate Code Section 13109 might be helpful. Note that the Vehicle Code requires a declaration under penalty of perjury about known debts. You can find the California Codes at http://www.leginfo.ca.gov/calaw.html