Can an affidavit for collection of a small estate be amended?

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Can an affidavit for collection of a small estate be amended?

My sister passed away with out a Will. An affidavit for collection of small estate was filed and approved by the probate court. When the affidavit was prepared a guess was made as to the dollar amount contained in a bank account belonging to the decedent. The affidavit amount and the actual amount according to the bank is grossly wrong. The bank still refuses to reveal the actual amount. The probate clerk says the amount has to be exact. The bank says if the affidavit would have read balance of funds they would released it. Any suggestions?

Asked on September 23, 2011 under Estate Planning, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is some issue between the amount stated in the affidavit regarding the collection of the small estate and approved by the probate court and the actual amount of money remaining in your sister's bank account with the bank, the affidavit clearly can be amended.

The best way is to submit another petition to the probate court for determination and an order based upon a requested hearing. Assuming the court hearing goes forward and an order is issued clarifying the discrepancy, obtain a certified copy of the order issued by the court clerk and have it served upon the bank's representative.

Its service should rectify the problem and allow you to get the probate closed, all creditors paid off and the moneys released from the bank to those who are entitled to such.

Good luck.


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