Q: If my father passed and had no assets but a small bank account do I need to go to probate?
Along with the small bank balance, he also had life insurance (again small < 8k$) and I filled out the paperwork with his union listing myself and 2 brothers as the beneficiaries. I am the executor to the will. I am paying out of pocket right now for death related expenses. He has no other assets or belongings. Do I need to hire a probate lawyer for this?
A:
If your father owned no real estate when he died and his estate is small, as you say, you probably do not need to begin probate proceedings. If he had funds in bank accounts (as long as the combined assets of his estate do not exceed a certain threshold [in Illinois, I think it is $100,000 but check with an Illinois attorney on this], you can probably complete the proper affidavit of heirship or small estate affidavit and attach the requisite documents, and you should be able to obtain your father's funds from these banks without the need for probate. The insurance proceeds should come to the beneficiaries he listed with his insurance company and would not require probate unless he named his estate as the beneficiary or failed to list anyone. So, you probably don't need a probate lawyer or to begin probate proceedings, but you may wish to consult an Illinois probate lawyer to confirm this. And you should get second or third opinions. Many lawyers offer free initial consultations. Good luck.
PS: My comments here are for general information and are not advice about your specific situation, nor do they create an attorney-client relationship with me. Consult an attorney in your state for specific legal advice.
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