In order to cover situations such as yours, "small estate" laws were enacted in order to enable heirs to obtain property without the need of probate or at least with shortened probate proceedings. As long as certain requirements are met, small estates proceedings can be used less time and cost than if a formal probate had to be used.Here is a link to a site that will provide further information for your state:www.fairfaxcommissionerofaccounts.org/open/docs/adminguide.pdf/