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Will your mother's small estate in Kentucky have to be probated if her entire worth is in her checking account and mutual funds?
Wiki User
∙ 14y ago
It depends on the specific laws of Kentucky and the value of your mother's estate. Generally, if the total value of her estate falls below a certain threshold, it may be exempt from probate. However, consulting with a local attorney who specializes in probate law would provide the best guidance for your specific situation.
Wiki User
∙ 14y agoYes. All Wills are probated to be sure that out-standing debts are paid off and what is left in the Estate will be divided amongst one or more heirs according to the directions by the deceased in the Will. All properties, monies (in Canada Mutual Funds and RIFS ... for the retired) are a separate issue. In the US an estate must be at least or more than the amount stated in the existing state statutes for it to be subject to probate. The exception is if the deceased owed debts, in which case any nonexempt property would be subject to probate distribution. If your mother died without a will you should look into the Petition/Order to Dispense w/Adminstration KRS 391.030, 395.455 & 396.095 - small estates can avoid probate in Kentucky
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How can you get the money from your deceased mothers checking account?
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
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I have no bank account to cash refund check can i use my mothers bank account?
You can cash it into your mothers account, and then wait for it to clear (3 business days) then withdraw that amount. Or, if your mother has the amount on the check in her account, you can ask her to withdraw that amount at the time you put in the check. In either case, you would have to endorse the check on the back, and then write (below your signature) "Pay to the Order of" and your mothers name on the line below that. When your mother goes to put it on her account, she would endorse it below that. So you would have 4 lines on the back of your check in the end. 1. Your Signature; 2. Pay to the Order of; 3. Your mother's name; 4. Your mother's signature.
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Your mother's estate must be probated in order for the title to the property to pass to her heirs. Right now you don't have legal title to the property and cannot execute a deed. You need to contact an attorney who specializes in probate in your area.
Can you sell your deceased mothers home without getting an attorney?
If your mother owned the property when she died then her estate must be probated in order for title to pass to you legally. Once the estate has been probated then you can sell the property. However, your mother's debts must be paid from the proceeds before any assets can be distributed to her heirs. You should contact an attorney. Errors made by non-lawyers who try to act as their own lawyers are expensive to correct if they can be corrected.
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