Affidavit For Surviving Spouses: Fill & Download for Free

Well under a publishing agreement after the death of the author the agreement doest not terminate.The publisher continues to hold the rights licensed to it under the agreement and continue to publish the book, although the publisher will remain obligated to pay the royalty as required under the agreement.At the time of death, all property of the author becomes part of the author's estate. In most cases, an individual will apply to the probate court of the county where the author resided to be appointed as the personal representative of the estate. (The personal representative, sometimes referred to as the executor or administrator, is the person charged with collecting the deceased author's property, paying the author's creditors and distributing the balance of the property as provided in the author's will, or, if there is no will, as provided under the state statutes for intestate succession.) If the author had a will, the proper party to apply for appointment as the personal representative will be the person named in the will. If there is no will, state law lists persons who are eligible to serve as the personal representative based on relationships to the deceased author.1.In most cases, the personal representative will distribute the author's rights under the publishing agreement (i.e., the right to receive royalties) to the person or persons named in the deceased author's will. Usually the rights under the agreement will simply become part of the "residue" (i.e., the remainder of the estate after all specific gifts of money or property have been paid from the estate), and will be distributed to the residuary beneficiary or beneficiaries. If the author had no will, the personal representative will distribute the author's rights under the publishing agreement to the person or persons named under the laws of intestate succession. In some cases, the author's estate may remain open for several years, and the estate will continue to hold the rights under the publishing agreement.2.If the author's entire probate estate is under an amount specified in the applicable state law (usually $10,000 to $20,000), then, in lieu of opening the estate and obtaining the appointment of a personal representative, a person who is entitled to receive the author's property may simply present an Affidavit for Collection of Personal Property and request distribution of the property to himself or herself. A person will be entitled to receive the author's property if that person is named as the beneficiary of that property in the author's will, or, if the author had no will, is designated as the author's beneficiary udner the laws of intestate succession. For example, if a Minnesota author dies with an total probate estate of less than $20,000, and the author's surviving spouse is named as the sole beneficiary in the author's will, the author's surviving spouse may present an Affidavit for Collection of Personal Property to the author's publiser and request that all future royalties be paid to the surviving spouse.I hope the above content will help you somehow.

I often notarize wills with a signer (testator) and 2 witnesses. The witnesses make a sworn statement in a self-proving affidavit.Real estate might be included in a will. Many couples hold title to real estate as joint tenants with rights of survivorship (JTWROS). When the first spouse dies, the surviving spouse becomes the sole owner.Colorado also allows for a beneficiary deed (TOD, Transfer On Death). The owner maintains ownership, responsibility, and control over the property during their lifetime. After death, ownership transfers to the named beneficiary.Some owners place real estate in a living trust or land trust.Laws vary by state.Disclaimer: I am not an attorney and this information is not legal advice.

In my experience, probate does not typically concern “How much money you have?”At least in Washington, it largely concerns the nature of one’s assets, and particularly if you own any real property, as well as how your assets are titled.Washington, however, does have a simple probate avoidance procedure, called a Small Estate Affidavit, that allows personal property valued up to $100,000 to pass “outside of probate.” Washington also allows all community property, of whatever value, passing to one’s surviving spouse to pass “outside of probate.” Consequently, in Washington, a $10 million, all community property estate could pass to the Decedent’s surviving spouse without probate.Richard Wills, retired probate attorney originally licensed in CA & WA