Q: Father passed, leaves little less than 40k in bank account that he created months before his death. I have access.
I'm not beneficiary but I am his son. Is probate court nessisary?
A:
Having access to an account is much different than being a joint owner on the account. So, this bit of information would need to be clarified before you can get an accurate answer to your question. Additionally it would need to be known if he had any other assets in his estate at the date of his death like life insurance policies, retirement accounts, a piece of property, other bank accounts, etc.
Generally, if someone has only a bank account worth less than $40k and it is solely in their name, probate must be opened to transfer this money to the rightful heir at law or beneficiary of the will. An estate less than $40K does allow for a shorter probate process. Definitely consult a local probate attorney for advice more tailored to your specific situation.
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