If my mother just passed away with few assets and I’m the executor, do I need to to file a probate claim?

She did not own her home and only had a vehicle and some personal belongings.

Asked on October 21, 2014 under Estate Planning, Indiana


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

The answer to that question depends on certain factors.  Does she have a surviving spouse? What is the value of the car and other assets?  If she has a surviving spouse and no other assets other than the car, the surviving spouse can transfer the car outside of probate.  If there is no surviving spouse, you will need to open up an estate at probate court but depending on the value of the car and other assets, you may be able to avoid opening up a full estate and apply for a release of assets instead.  I advise you to consult with a probate attorney to evaluate your case and adequately advise you on what will be required. I would be to assist you if you would like.  

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