If my father died without a Will and only left a small estate, how do I get appointed personal representative?

UPDATED: Feb 6, 2015

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If my father died without a Will and only left a small estate, how do I get appointed personal representative?

His estate is not worth more than $50,000 so, according to state guidelines, no estate needs to be created. However, without on estate, how can a personal representative be appointed so I can discover all of his debt?

Asked on February 6, 2015 under Estate Planning, Indiana


Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 7 years ago | Contributor

You need to open a probate estate unles the assets are $50,000 or less; the surviving spouse is entitled to all of the assets and the decedent died on or after April 16, 1993.  If there is no surviving spouse, then the amount is $35,000.00.  You can discover his debt by going through his mail and financial records if there is no estate opened.  I would advise you to discuss with a probate attorney to assist you.  

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.

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