State Laws

• In the absence of a federal probate law, state laws dictate probate procedures when residents die. Although there is no standard federal probate statute, many states have adopted sections of the Uniform Probate Code. Jointly drafted by the National Conference of Commissioners on Uniform State Laws and the American Bar Association, the Uniform Probate Code suggests probate procedures for states to incorporate into their state probate statutes.
  
  

Simple Probate Procedures

• The Uniform Probate Code suggests statutory provisions for exempting certain small estates from formal probate procedures. Many states have adopted Part 3 of the Uniform Probate Code. In states such as South Dakota, small estates are not subject to a formal probate proceeding. Thus, if you reside in South Dakota, and your husband died without a will, you can request that your husband's estate property be transferred without invoking formal probate procedures or involving the assistance of formal probate if your husband's assets do not exceed $25,000.
  
  

Joint Property

• In addition to simple probate procedures, you may be able to use a payable on death transfer of certain joint property. In most states, if you owned your real estate as joint tenants with your husband, you own your property in fee simple without probate, and once your husband predeceases you, you have a legal survivorship right to own your property without having to go through probate. Furthermore, if you owned your bank accounts or life insurance policies jointly, your accounts may allow you to use a payable on death procedure to withdraw your assets without probate. Most likely, your bank and insurance carrier will require you to provide a copy of your husband's death certificate. Additionally, you may have to complete additional documentation or affidavits attesting to your husband's death.
  
  

Intestacy Laws

• If you do not own property jointly with your husband, and your state requires you to go through probate, a probate court will appoint a legal administrator to administer your husband's assets without a will. Your state's intestacy laws will govern your right to receive property. You may also petition your state's probate court requesting an appointment to serve as your husband's personal administrator. You will receive your share of your husband's property pursuant to your state's intestacy laws.