[moonlite]

When someone dies here in the USA, are we required by law to open an estate for the deceased ? Can we save some money by not opening an estate if the deceased had absolutely nothing... no real estate, no money, no car.. nothing ? Why should someone be forced to open an estate under these circumstances ? Thanks.

[joypulv]

You don't have to file with the probate court if the deceased's state doesn't require it by law. What state?

[Wondergirl]

Here in Illinois, when my uncle died, he had virtually no money and was on public aid (having spent $250,000 on nursing homes). His lawyer declared his estate too small to go into probate, and all was quickly settled according to his will.

[ScottGem]

If the person had no assets to distribute or a will to process, then its not necessary. However, if the deceased had a lot of debt, it may be worthwhile to file so it can be shown there were no assets to pay his debts.

[AK lawyer]

...if the deceased had a lot of debt, it may be worthwhile to file so it can be shown there were no assets to pay his debts.

Shown to whom?

No, there is no reason to file. If a creditor seeks to recover from an estate, and there is no estate, what's he/she/it going to do? The answer is that there is nothing the creditor can do.

A next of kin, or person nominated as executor in a will, can not ever be required (by virtue of that status) to file a probate petition. And to do so would cost a considerable amount of money. There would be no point.

[joypulv]

I stand corrected. I thought some states required it.

[AK lawyer]

I stand corrected. I thought some states required it.

Well, I have not examined the probate laws of all 50 states, but how could they? Say you are the grandson of a person who died intestate. You have siblings, aunts, uncles, cousins, etc. How could a statute specify which of those has a duty to file a petition? How could it fine one of them for not filling? I can't imagine any rule that would work.