Q: mother died was 84 yrs old lived in Clark county a senior living apartment. She had no assets & $500 bank
We now have the certified death certificates and we have her signed will can we mail to Clark County probate court. We do not live in the state and I am executor. Since she had no assets is it required
A:
Firstly, sorry for your loss.
Based upon the information you have provided, a Probate will not be necessary. The original Will should be filed with the Clark County Court, and costs $18.00 to do so.
In the event your mother did not have a named beneficiary on her bank account, the heirs can most likely provide an Affidavit of Small Estate to the Bank to recover the funds. The Affidavit must be made at least 40 days following death, states that no Probate estate will be opened, and that there is no outstanding debt.
I hope this helps. Best of luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
