Must we file anything with the state if my father in law died as an indigent and why? 12 Answers as of September 09, 2015

My father-in-law died at his home, alone. He was found several days later. It took 5 weeks to have him identified and finally buried. His home had a reverse mortgage greater than the value and was repossessed. He had no car or other possessions of value. He had a LOT of debt. Must we file anything with the state?

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, if the decedent father died with a will then the person who possesses that will has to submit the will to the Register of Wills office. No one is required to file/petition to administer the estate, if any.
Answer Applies to: Maryland
Replied: 9/9/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
No there is nothing that needs to be filed. If you wish, you may contact his creditors to say he has died with no money in the estate but it is not necessary.
Answer Applies to: Florida
Replied: 8/31/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Many states don't require probate on small or indigent estates. One reason for filing in probate would be to formally notify your father-in-law's creditors that they will not be paid back and that they can't turn to the family for repayment.
Answer Applies to: Nebraska
Replied: 8/31/2015
Stephens Gourley & Bywater | David A. Stephens
If there are no assets to administer you do not need to take any action.
Answer Applies to: Nevada
Replied: 8/27/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
That would be a no.
Answer Applies to: California
Replied: 8/26/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Do you mean, do you have to probate his estate? No.
    Answer Applies to: Oregon
    Replied: 8/26/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If the deceased had a will it should be filed with the Clerk of the Court in the county where he resided. If no one received any assets from his estate then no probate need be opened.
    Answer Applies to: Illinois
    Replied: 8/26/2015
    Gates' Law, PLLC | Thomas E. Gates
    No, you need do nothing.
    Answer Applies to: Washington
    Replied: 8/26/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Some probate attorneys will give a short free probate consultation. If he had any accounts that anyone received they may be liable for his bills up to that amount. If a child bears his name it may help clear their credit. Speak with an attorney to address options. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 8/25/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No, it's only necessary to open a probate if he has valuable assets.
    Answer Applies to: Ohio
    Replied: 8/25/2015
    Danville Law Group | Scott Jordan
    No, you do not need to do anything.
    Answer Applies to: California
    Replied: 8/25/2015
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