Is probate required if no one wants anything from the estate?

Question

My sister passed away at 38 years old. She was living paycheck to paycheck and her car was a paid off junker. She owns a home that would have to be short saled or foreclosed because she bought it recently. She has some small credit card debt and a student loan. Do we have to open probate or can we just notify all the creditors of her passing and tell them to write off the debt/foreclose? Can we just donate the car? We know that there is no money in her estate and with the expense of the burial being personally paid for, we would really rather not have to spend more to open probate.

Phillip William Gunthert · Answer

I am sorry for your loss and the passing of your sister, please accept my condolences. There is no affirmative duty or responsibility whatsoever to open a probate. You will likely find that people/creditors will possibly try to contact you and or family members but you do not have to do anything. At some point the property may eventually go through foreclosure and you may be named in that action at that point but that is simply because they have to name any interested parties when it comes to property and or homestead. Any assets in her name alone would likely need to go through probate, just keep that in mind is anything comes up or otherwise arises. If a creditor is so motivated, they can pursue and open probate themselves, but with no assets, this is unlikely and they will have to just write off those debts. You may want to check with the Florida DMV to see if you qualify to transfer the vehicle outside of probate, it is possible if circumstances apply. If no one has an interest in trying to keep the home through probate, then you can just continue to do nothing as an option.

Evelyn Suero · Answer

I am very sorry for your loss.  While there is no obligation to begin probate proceedings, if  your sister had a will, it must be deposited with the clerk of court in the county where she was a resident.  Also, it should be noted that any interested party may file for probate administration which means that any of the creditors may petition the court in order to file a claim and preserve their claim in the event that estate assets are ever discovered in the future.  With respect to the car, I agree with my colleague, you should check with the DMV.  In the event that you need to open probate, there are small estate proceedings that you may consider when the estate assets are all exempt property or valued under a certain amount.

Terrence H Thorgaard · Answer

It looks as though the automobile can be transferred pursuant to Florida Statute 735.301, "Disposition without administration".

Q: Is probate required if no one wants anything from the estate?