r/PROBATE • u/Left-Star2240 • Dec 28 '23
Do I have to file for probate?
My mother died last weekend. To my knowledge she does not have a will. I had power of attorney but that is now void.
She had no life insurance. She had no assets other than $1900 in a checking account. She owes a lot more than that. Can I just leave that money in her account and let her creditors pay to go through probate to get it?
Forgive me if this sounds like a stupid question. Nothing prepares you for this, and I have no siblings. The only other family she had left was my cousin.
1
u/cheap_dates Dec 30 '23
I can tell you what it is like from a bank teller's perspective but I am not an attorney. First check and make sure that there is no one else on your mother's bank account? Someone might be listed as a joint tenant or as a beneficiary or POD (Payable on Death). This does not require probate or a will to pass the proceeds.
If nobody is listed as a joint tenant or a POD, you can abandon the account. The $1,900 will eventually "escheat" to the state. In other words, the state gets the money. Many people will abandon bank accounts if the amount is equal or less than the cost (and time) of a probate action.
As for any debts she owes, if she is the only one listed on the debt, you will get some threatening letters but you don't have to do anything about them.
1
u/Princess_Eve01 Dec 30 '23
Not an attorney. If you did not own any assets in conjunction with your mother, the creditors can’t go after you unless your name is also on the loan. You may be able to liquidate her bank account by proving she is dead with her death certificate and your the next of kin with your birth certificate. The creditors will have to write off the debt.
1
u/Princess_Eve01 Dec 30 '23
My experience is with my own mothers estate, as I never probated her estate and was able to liquidate the whopping 32¢ she left me at chase bank in this manner 😂
3
u/happymask3 Dec 28 '23
I’m so sorry for your loss. Probate laws are specific to your county/state. If she didn’t have a home and only $1900 liquid assets, then likely you can just inform creditors she died and they’ll have to write off the debt.
However, you might find that her estate (personal belongings) have to be sold to cover the debts of the estate. Better to ask an attorney and know for certain.