Q: Do I need to post a notice to creditors if no probate and no assets left?
When my mom passed away, her assets, including her home with a lady bird deed, automatically transferred to me and my brothers, and we're not going through probate. However, she may have owed a debt to the IRS, and there are no remaining assets to pay that debt. Do I still need to post a notice to creditors in the newspaper if there won't be any probate and there are no assets left to pay debts?
A:
MUST you do so? No.
But it is still a good idea because it effectively reduces any statute of limitations to the ‘non-probate claims period’ which is drastically shorter than the general limits.
The wording is slightly different than the ‘probate’ notice but similar. I’d suggest it is worth the small cost to find a local licensed attorney to help draft and publish the notice as they can insure it is done and published correctly and at the best cost.
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