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    damonv's Avatar
    damonv Posts: 2, Reputation: 1
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    #1

    Mar 30, 2011, 07:07 PM
    Probate or Dispensing of Estate
    My Father died a month ago and my sister and myself keep hearing from a few people that we must,(or have to) Probate or Dispense of his estate. The courts said we would have to pay a $85.00 filing fee to do this. We need to know if any of this is really necessary, being that our dad only left around $200.00 in the bank and owned nothing. It's just me and my sister, and we don't see any reason to do this crap. Seems like just another so called legal scam to get your money. Some people even hire a Lawyer to do this for them. I don't think that this is done for every person that dies. And even if, his estate has to be Dispensed through the courts, who says that me and my sister have to do it.
    Thanks, Damon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 30, 2011, 07:13 PM

    If you wish to get and divide the estate, it will depend on where you live, and how things are set up.

    If the only thing there is is 200 dollars, and there is no name other name on the account, just forget the 200 and don't do anything, you can just leave the money and forget it.
    damonv's Avatar
    damonv Posts: 2, Reputation: 1
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    #3

    Mar 30, 2011, 07:21 PM
    Thanks for responding, but why should we just leave the $200.00 in the bank? We are both named excuator and the bank says that is all we have to show them to close out the account..
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 30, 2011, 10:40 PM
    Quote Originally Posted by damonv View Post
    Thanks for responding, but why should we just leave the $200.00 in the bank? We are both named excuator and the bank says that is all we have to show them to close out the account..
    If the bank will give you the $200 if you show them the will, then go for it.

    If not, in most states there is provision for administering small estates like this by simply executing an affiavit and giving a copy of the affidavit to the intuitions, like a bank in your case, that hold property of the decedent.

    And, if that's all there is, no, you don't have to file to probate the estate. Whoever told you otherwise was mistaken.

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