When Someone Dies

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Chapter 1: As Death Approaches
Checklist:
• Who's in charge before the death?
• Does the person have an advance medical directive, also called a durable power of attorney for health care?
• If the person prepared an advance directive/durable power of attorney for health care...
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Who gets to keep Mom’s jewelry?
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Important legal information
Q
If the estate has no assets outside of the house which goes to the surviving spouse and doesn’t need to go through probate, do you need to record the Will? If yes, what authority does the Will need to be recorded with?
A

Generally the answer is ‘no.’ The will is filed as part of probate and if there is no probate you need not file. But there may be local rules that differ. You will need to change title on the house that may require filing of the will with the death certificate with the county when you file to change title, which you should do now.

Related Chapter: The Days and Weeks after the Death: Financial Issues

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