Q: I father past away in Tennessee but I live in Kansas. I am being told I need to open a estate account
I read something about it being small and not needing to go thur probate. It will be at max 7,000 being despoiled into the account. What steps do I need to do and with what state
A: The state with primary authority over a peron's estate would typically be the state in which the person was a resident at the time of death. If your father was a resdient of Tennessee, you should consult with a Tennessee attorney. Some estates allow for smaller estates composed of certain assets to be handled outside of a probate proceeding; whether such a method is available in Tennessee, you should seek advice from Tennessee counsel. If an asset is physically located in another state, it may be necessary to conduct an ancillary probate proceeding in the other state. You refer to an "account" which may be in the nature of an intangible asset. An intangible asset like a bank or brokerage account is typically treated as under the authority of the state of residence (however, there may be exceptions). If your father was a Kansas resident, such a nonprobate solution may be available.
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.
