Q: My sister passed away with no will. Her condo is going back to the bank. She has no assets but the condo and her car.
I do not want to be involved, will the bank file for probate or someone else. She has medical bills, and who files her taxes for her. Thanks.
A:
A creditor such as a bank may file a petition to probate an estate. In absence of a family member who is an heir at law stepping forward to ask for the appointment of an administrator, the court would likely appoint a fiduciary suggested by the creditors as administrator. The administrator would then have the authority to deal with settlement of the debts, filing taxes and such things.
It would be a good idea to visit with an attorney and determine who your sister’s heir(s) at law might be. The heir(s) at Law should consider filing to probate the estate. The costs of administration are a priority expense, paid before most other classes of creditors. If the estate has sufficient assets to fund an orderly winding up of the estate, that might produce a better result than leaving it to the bank to attend the task.
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