Can bank release funds of deceased sister with death certificate and heirship affidavit. No will, no life insurance. Funds go directly to funeral home.
Question Details:
Only $1200 in account. If have to probate, will cost that much to get money out. No property, no "real debt"; funds can go directly to funeral home. Attorney suggested asking and then filing small estate affidavit.
I am not admitted in Tennessee. I am sorry for your loss.
Here is what I have found:
"Tennessee law provides for simplified probate when the value of the decedent's personal property less personal property held jointly with right of survivorship and life insurance proceeds does not exceed $25,000. The decedent's personal representative, heir or any creditor may file an affidavit with the clerk of the court. Then the person may collect any property or debt owing to the decedent by presenting the holder of the property with the affidavit." Tenn. Code Ann. § 30-4-102. There is a 45 day waiting period.
Go down to the court and speak with the clerk. Although they can not give legal advice they can suggest a procedure and give you the forms you need. Good luck.

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