I've been separated/estranged from my wife for 12 years and she recently passed away from cancer. We have 3 adult children and I have no idea if she has a will, what needs to be done to her estate?
2 Answers from Attorneys
If she owned assets with no right of survivorship, her estate must go to probate. If no will can be located, you can petition the court for appointment as Personal Representative of her estate as her spouse.
You need to marshal or collect all of the assets that were in her name to assess whether a probate is needed.