How could we provide proof of identification for probate purposes? 11 Answers as of August 24, 2015

My elderly mother used her first married name. However, she put the last name of her second husband on her bank account, will, and POA. IS affidavit or certified copy of marriage license enough, or is SSN card, passport, house deed also needed?

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Law Office of Pamela Braynon | Pamela Y. Braynon
The will is sufficient for probate purposes. Also a certified death certificate must be submitted into probate court to open an estate.
Answer Applies to: Florida
Replied: 8/24/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Who is requesting proof? It's good practice to list all names on the probate petition.
Answer Applies to: California
Replied: 8/19/2015
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
There is no exact answer. She should get a certified copy of her marriage license and be prepared to get other documentarian as requested. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answer Applies to: Nevada
Replied: 8/19/2015
Stephens Gourley & Bywater | David A. Stephens
Affidavit should be enough unless there is a dispute as to her identity.
Answer Applies to: Nevada
Replied: 8/18/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You are advised to obtain the services of a probate attorney to assist you.
Answer Applies to: California
Replied: 8/18/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    It probably depends upon how large and/or complicated the estate is. In some places, the word of the executor who has personal knowledge of your mother may be enough. In other places and for certain kinds of assets (especially financial assets), your mother may need to provide one or more of the identity documents you mention. She is probably going to have to deal with this on an asset-by-asset basis.
    Answer Applies to: Nebraska
    Replied: 8/18/2015
    Gates' Law, PLLC | Thomas E. Gates
    All you need to show is that she used both names at some point. You can have both names on the Letter of Testamentary if you think there will be any issues.
    Answer Applies to: Washington
    Replied: 8/18/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Generally, an affidavit is all that is required.
    Answer Applies to: Ohio
    Replied: 8/18/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The affidavit of heirship will clarify her various names for probate purposes.
    Answer Applies to: Illinois
    Replied: 8/18/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest that you engage your probate attorney to assist you. It would seem that you are not versed enough in the various procedures to be able to do this on your own.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, it may depend on who is requiring the proof of identification. Matching a SSN card with the social security number for the name on the bank account may be sufficient, though other documentation showing the name(s) may be OK, too.
    Answer Applies to: Maryland
    Replied: 8/18/2015
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