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FAQ - Probate

My spouse died. How do I get the money out of his or her savings or checking account or any other personal property?

If the value of the personal property is less than $75,000, you may file an affidavit for collection of all personal property. The affidavit of personal property does not need to be filed with the clerk of the court. It is signed, notarized, and presented to the party holding the asset. If the value of the personal property exceeds $75,000, you may qualify to file an informal probate. Forms for filing an informal probate are available in some self-service centers and some superior courts. You may consult an attorney to determine if you have a legal right to the property or if the estate has to be probated and to help guard against undesired and unexpected consequences.