If an estate is worth less than $20,000 do you have to go through probate?

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If an estate is worth less than $20,000 do you have to go through probate?

I am an only child. I cannot find a Will. My dad owned a mobile home worth $9300 and had a checking account worth $1200. Do I need to go through probate court and file estate taxes next year?

Asked on January 29, 2012 under Estate Planning, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss. If there is no Will then he died intestate and the state intestacy laws will apply.  Each state has what is known as a small estate proceeding to ease the probate process in situations such as yours. Some states allow a Small Estate Affidavit which just lists the assets. You will probably be required to provide an affidavit of heirship from an uninterested party indicating that you are an only child.  The clerks in the probate courts are generally very good in giving information although they can not give legal advice.  Good luck.


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