What to do if my mom just passed with no Will and her bills exceed her bank account?

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What to do if my mom just passed with no Will and her bills exceed her bank account?

She had no real assets other than $4000 in the bank. I am her only living son. Does this need to go to probate and what happens if I do not want to be executor?

Asked on April 29, 2015 under Estate Planning, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your mom.

Since her bills exceed the assets in her estate, creditors could sue the estate, but this is unlikely since they won't collect anything.

If creditors contact you and tell you that you have an obligation to pay, that is wrong.  You have no obligation or liability to pay your mother's bills and don't listen to any creditor who tells you that.

The estate is too small to go to probate.

If you don't want to be the executor, you can resign and have someone else appointed executor.


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