Does my mother’s will have to be probated.

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Does my mother’s will have to be probated.

My mother has no insurance, property or any kind of assets. She had medicare and
medicaid and was living at Cinnaminson Nursing center when she passed. The small
bank account does not cover the expenses we have incurred.

Asked on January 27, 2018 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  I would first seek help from an attorney in the area on a strict consultation basis rahter than the Probate Court.  They favor probate but if the estate is insolvent then there really is no need.  You may be able to get away with small estate procedures like a small estate affidavit for the bank account.  Good luck.


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