My Mom and Dad died, the home worth under $150,000.00 is under both my parents name. There is a will, do I need probate? How to handle it? What is the first thing?
If there is NO outstanding lending or lien on the property; and if in a valid will you are named the Executor or you are named the heir/ beneficiary; and the home (or land)or a car (or a car & another vehicle) are the only “assets” of the Estate; and if in maybe 4 months there are no unpaid bills, I’d look to see if either your state allows for or does.. -small estates affidavit OR -Muniment of Title Action. they are kinda similar, will depend on your states laws what done. Some stars don’t allow either, so it’s full traditional probate needed.
Better run probate courts will have on their website the options families or heirs have. If your in a smallish County, maybe not & if thats you, I’d look to the website for a big city in your state as that website will have the info (probate is state laws). Sm estate & Muniment -imo- totally can be a DIY project if you were named in a valid will, have the documents needed (as per the list on PC website) and have your wits about you to deal with courthouse runs in a tight time frame. AND the wallet to pay the upfront fees on affidavit or muniment.
Muniment -in my experience - is done in more property rights states, cost under 1k and its a 2-3 documents filed within a strict time frame (4-6 months). You usually have to pay the fees in full upfront. That real property- house, land or car- has to be all current with co. &/or city taxes (as that’s used to place value at); you take the original will that names you as heir or a Executor, plus last tax assessor statement & receipt for payment of it, fill out paperwork for Muniment, pay the fee (this is either flat or flat & a low % of asset value) and then this creates a case # for probate court. You do whatever documents needed & notarized, submit to PC and then PC judge or authorized staff signs off on the title transfer. It’s then a legal document in probate court. Then you can get the asset retitled into your name - this you on your own have to do & file (& pay) at assessors office of chancery clerks office. But once done, it’s yours & you can sell the asset. Again if your flummoxed at a courthouse or not good on completing tasks in tight timeframe, this may not be what you want to do.
IF you have any judgements or liens yourself, creditors will find out. & fast that you now have an asset. If this is at all you, you gotta, like ASAP, sell the asset before a lein gets placed.
Muniment, it’s in my experience very time sensitive so if you are flummoxed at courthouse or have issues to get yourself together in time, your toast on the process even tho you paid to do it. So then it’s means having to go full or traditional probate with an atty.
If no will, that’s sticky as you have to establish that you have “standing”. That’s a whole other game. So is there original signed will that’s dated with witnesses & notarized?
if folks were on Medicaid, that’s a whole other issue.... were either of them on Medicaid, ever?
Yes you need this to go through probate court. I believe there is a simplified process for small estates.
I assume you are the executor? you go to the county court house and ask where to file for probate court. Get the forms and fill them all out. This is filed with a copy of both death certificates.
meanwhile...do not pay anyone. Wait until the court notifies you that you are cleared to proceed. Before you liquidate you might have to seek other inheritors?
settle the debts first, then distribute the estate according to the will. Where the will is silent, look to the local laws concerning how it should be divided.
-small estates affidavit
OR
-Muniment of Title Action.
they are kinda similar, will depend on your states laws what done. Some stars don’t allow either, so it’s full traditional probate needed.
Better run probate courts will have on their website the options families or heirs have. If your in a smallish County, maybe not & if thats you, I’d look to the website for a big city in your state as that website will have the info (probate is state laws). Sm estate & Muniment -imo- totally can be a DIY project if you were named in a valid will, have the documents needed (as per the list on PC website) and have your wits about you to deal with courthouse runs in a tight time frame. AND the wallet to pay the upfront fees on affidavit or muniment.
Muniment -in my experience - is done in more property rights states, cost under 1k and its a 2-3 documents filed within a strict time frame (4-6 months). You usually have to pay the fees in full upfront. That real property- house, land or car- has to be all current with co. &/or city taxes (as that’s used to place value at); you take the original will that names you as heir or a Executor, plus last tax assessor statement & receipt for payment of it, fill out paperwork for Muniment, pay the fee (this is either flat or flat & a low % of asset value) and then this creates a case # for probate court. You do whatever documents needed & notarized, submit to PC and then PC judge or authorized staff signs off on the title transfer. It’s then a legal document in probate court. Then you can get the asset retitled into your name - this you on your own have to do & file (& pay) at assessors office of chancery clerks office. But once done, it’s yours & you can sell the asset. Again if your flummoxed at a courthouse or not good on completing tasks in tight timeframe, this may not be what you want to do.
IF you have any judgements or liens yourself, creditors will find out. & fast that you now have an asset. If this is at all you, you gotta, like ASAP, sell the asset before a lein gets placed.
Muniment, it’s in my experience very time sensitive so if you are flummoxed at courthouse or have issues to get yourself together in time, your toast on the process even tho you paid to do it. So then it’s means having to go full or traditional probate with an atty.
If no will, that’s sticky as you have to establish that you have “standing”.
That’s a whole other game.
So is there original signed will that’s dated with witnesses & notarized?
if folks were on Medicaid, that’s a whole other issue....
were either of them on Medicaid, ever?
In my state probate would not be required or necessary if all your parents had was the house.
I assume you are the executor? you go to the county court house and ask where to file for probate court. Get the forms and fill them all out. This is filed with a copy of both death certificates.
meanwhile...do not pay anyone. Wait until the court notifies you that you are cleared to proceed. Before you liquidate you might have to seek other inheritors?
settle the debts first, then distribute the estate according to the will. Where the will is silent, look to the local laws concerning how it should be divided.