Do I have to open a probate case after mother’s death? She had very little, I don’t understand the point.

Question

Do I have to open a probate case after mother’s death? She had very little, I don’t understand the point.

Follow

Share

Also, who else needs to be notified beyond the obvious (banks, insurance)?

Elder Law End of Life

This question has been closed for answers. Ask a New Question.

31 Answers

Most
Helpful Newest
First Oldest
First

Look up the rules for your state. Often for a very very small estate you do not need to do this. The funeral home usually notifies Social Security. But I notified them as well. I also notified the three credit agencies, Transunion, Experian, I forget the name of the third and told them not to issue credit in this name. I also told IRS and DMV. I did these by mail and with COPIES of birth certificate. Bank needs to know, especially the one that gets the Social Security Check. Notify all creditors and cancel all credit cards in her name. You do not have to pay her debts. Her estate (what there is of it) stands to pay her debts. If there is a car you may need to file just to have permission to handle it; but if she transferred title already to shared title then it belongs to the person who is on the title with her. A good, simple and cheap book is Kurt Grube's Please Don't Die, but if You Do Die, What Do I Do Next? I got mine on amazon. If there is a will it usually has to go through probate I believe, or be filed.

Helpful Answer (7)

Report

Alva, do you mean they should send copies of the DEATH certificate?

(1)

Report

See 2 more replies

I didn’t have to do probate with my dad’s estate (still seems odd to call it an estate, that word often sounds like wealth) He did a life estate deed on his home and had placed me on his checking and savings accounts. It was time consuming and emotional but pretty easy to settle his estate. I called the hospital and rehab he’d last been in and asked for any balances left after insurance, along with the associated doctors. I also went through his list of monthly bills and settled all those.

Helpful Answer (7)

Report

When my dad died we were advised by the bank to keep their joint checking account open for at least 6 months so we could pay bills and deposit any checks that arrived in his name.

(0)

Report

Probate is the process of proving that the will is valid and the assets must be distributed to the heirs, and if there is no will, the assets must also be distributed to the heirs. If her estate is worth more than a certain amount of money (the rules are different, depending on the state she lived in), then you have to put the estate in probate. You should be able to find out this information online without getting an attorney, especially if she doesn't have many assets. If she has a will, the will should name an executor, who is responsible for collecting the assets and distributing them. Any POA ceases when the person passes away. And then the executor takes over. With my aunt, I had to open an estate bank account. All financial accounts then need to be transferred into the estate account and then distributed. Bills should be paid from this account. The funeral home notifies social security and medicare, and social security may take back the last month's SS payment. You'll get a small death payment. Keep the estate bank account open for a few months until all bills and incoming payments have come in.

Helpful Answer (7)

Report

Homecare, NO, you do not have to do probate unless your mom had more assets than the state allows to avoid it.

Since this varies widely from state to state, I recommend going to your attorney general website and search for a non probate affidavit.

This form will tell you how much the state allows before you are required to open probate.

I am sorry for your loss and I pray that God grant you strength and wisdom to get through this difficult time.

Helpful Answer (6)

Report

No probate if she had a co-owner, beneficiary or transfer on death. If she had very little in the bank without these it will cost you more for a probate than to it let go to unclaimed property of the State.

Helpful Answer (6)

Report

So sorry for your loss. I am currently going through this same thing. Although my parents had a plan many years before their death ( everything was in a trust-and you don’t have to be well off to establish a trust), they did leave off their home (transfer of title) . So once my mother passed , I did have to probate her will. Once probated, I received letters of testamentary with enables me to act as executor-sell property, transfer title, deal with financial institutions etc. . I would check online with the county clerks office in which she passed. This can be done without an attorney. Many of these documents and procedures are online. Even if passed with little assets, still will give you a peace of mind to have the documents necessary to close her estate. Hope this helps .

Helpful Answer (6)

Report

Yes, you do. My 97 year old mother passed last Nov. 27th, and had very little in assets as your mother, a small checking account that her SS was direct deposited into, and a VA Aid and Attendance fiduciary account of which I was the custodian. The banks require a Form L-8 which needs to be notarized for any co-owned accounts and for any, like the VA account for which my mother was the (now deceased) beneficiary, an Executor "Short Certificate" will be required. Both need to be accompanied by a "Letter of Instruction and Account Closure Request" which is most easily handled by a bank customer service representative. I was able to make an appointment with one of these reps, and she was able to notarize the Letter of Instruction with the L-8 form to close out the checking account and transfer any remaining funds to my personal checking. I had to fill out an "Application for Probate" form with the surrogate's court (in the county in which the deceased resided) which was pretty straightforward. You will need an original Will (if one was made) and an ORIGINAL death certificate with raised seal and personal ID (i.e., copy of driver's license). After you provide this, there is probably another document you need to have notarized and submit after which you should receive an "Executor Short Certificate" which you need to provide to the bank as well if your mother had any accounts or assets that you weren't a co-signer on (such as the VA account I described above). This all sounds very complicated, but it's really pretty easily handled. First step is to get the phone number for the County Surrogate's office and they will walk you through the process. The bank is enormously helpful as well, so make that your second step. My condolences on your loss and my personal best to you as you navigate these final steps in putting your mother's estate to rest.

Helpful Answer (6)

Report

I did note another poster indicated you can handle most of this without a lawyer in the case of our limited asset situations, and that is how I did it. Most forms, instructions, etc. are available online.

(4)

Report

I was told by a neighbor, who worked in the Probate Office the following:

Executor is the person assigned in a Will.

Administrator is when there is no will but someone is assigned to handle an estate.

Affidavit is when there is less than 20k in the estate. This one needs no probate. But with all u receive a Short Certificate, for a fee, giving you the ability to handle whatever estate there is.

Call your probate office and see what they say. Each state is different.

Helpful Answer (5)

Report

Joann, just so you know, the value varies state to state. AZ is 75k and UT is 100k before probate is required. These are the 2 I have just dealt with, that is how I know it is different.

However, the new administration is changing everything that puts more money in government coffers, so it could be different in a month.

(2)

Report

No, you don't. You can actually do it all yourself if the estate matters are not very complicated. The forms are available online and/or at most county clerk offices. You complete them, and file them with the appropriate filing fee in the county where she resided.

Helpful Answer (5)

Report

MACinCT is right. Cash out whatever you can now if you're her POA.
If she doesn't have real estate or other tangible property holdings, then it's not worth it for you to probate a will.
When she passes away, the funeral director you have her arrangements with can take care of informing social security.
POA expires after a person's death. So, you won't be able to close out bank accounts or really do anything else unless you are also the executor of her will. Then you have to go through all the headache and red tape of filing the will and dealing with the probate court.
Is your mom going into a care facility? If so then whatever she has will go to them anyway and there won't be anything to probate in a will.
If she's still home and being cared for (without assistance from the state) then I'd tell you to put her car in your name if she has one, and to start withdrawing from her bank account in cash.
Don't spend it. Get a safety deposit box in the bank and hold onto it. If comes the time when a care facility becomes a reality and there's a Medicaid look-back period, well that can be handled different ways.

Do I have to open a probate case after mother’s death? She had very little, I don’t understand the point.

31 Answers

Recent Questions

Popular Questions

Related Questions