If my aunt is currently in a long term care facility with only a few days to live and has a very small estate, do I need to go through probate?

She is a Medicaid patient with no property and very limited funds $1500 in her checking account. She does have a Will but with no property to distribute. The funds she has available will probably go to the government since they have been paying the bulk of her long term care costs.

Asked on September 17, 2015 under Estate Planning, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your aunt.
You don't need to go through probate because your aunt's estate is very small.  Probate is only required for very large estates.  The amount varies from state to state, but your aunt's estate is too small for probate.

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