How do I administer an estate for a non-relative who died intestate with a few assets?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I administer an estate for a non-relative who died intestate with a few assets?
I am attempting to help a friend (who is ill) settle her son’s affairs. He owns 4 non-working vehicles and has one last paycheck that she cannot cash. He has no debts. Must the estate be probated to obtain letter testamentary? Am I able to do this as a non-family member? She has been told she cannot sell the vehicles until 6 months after his death. Isn’t the estate administrator able to do dispose of all property as soon as letters are issued?
Asked on October 23, 2011 under Estate Planning, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is no Will of the person who passed away and his or her estate is relatively small (less that $100,000 in assets) most states have an expedited procedure to close out such an estate with little paperwork.
I recommend that you go online and do a search under Tennessee law for the filing of an intestacy proceeding for a small estate and how it is to be done. Most states have pre-printed forms that can be filled out and filed with the court in the county where the decedent passed away.
You could file the petition to administer the estate as an interested person on behalf of family members of the decedent. The administrator cannot dispose of vehicles belonging to the person who has passed away absent a court order allowing for the disposal of the assets.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.