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Father died without a will. Do I need to go through probate?

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Jenna112

Junior Member
I live in Colorado and my father recently passed away. He was not married and I am his only (living) child. Do I still need to go through probate for legal appointment? I need to take care of his affairs (accounts, taxes, etc.) and am not sure if I need to have proof that I'm legally allowed to do these things. Also, I am the sole beneficiary to his life insurance.

:confused:
 
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anteater

Senior Member
If you are the designated beneficiary for his life insurance, you should be able to obtain the proceeds from the insurance company. The proceeds would not be a probate asset.

Did any of his other assets have designated beneficiaries?

Did he own any real estate? And what is the approximate value of his non-real estate assets? If there is no real estate and the other assets are valued under $50,000, a small estate affidavit could be used rather than a full probate.

I am his only (living) child.
That seems to imply that there are predeceased children. If so, did those children have any descendants? Without checking Colorado's intestate succession statutes, I am confident that any of those lineal descendants would also stand to inherit.
 

Jenna112

Junior Member
My brother passed away in '03 but did not have a spouse or child. My father had a home but It appears that he is upside down on it and even with renovations it would barely break even. I'm learning that he had quite a bit of debt ~$30k in addition to his home. His non-real estate assets would hardly amount to $10k.
 

anteater

Senior Member
With an upside down house and an overall insolvent estate, you might want to consider doing nothing. If you were to open probate, you would essentially be administering the estate on behalf of the creditors. While the court would probably grant you some compensation for administering the estate (which would be payable before the creditors get anything), it would likely be a lot of tedious effort for minimal compensation.

If you decide to not undertake the probate task, I would suggest writing the lender and creditors informing them that the probate estate is insolvent, that you do not intend to open probate and administer the estate, that they are free to do so if they wish, and, if they wish to open probate, you will be glad to waive any right that you have to administer the estate. Don't even mention the life insurance proceeds.

Whether you inform them or not, you will probably receive calls from the creditors. Some may imply that you have an obligation to probate the estate. Some may try to persuade you that you have some "moral obligation to pay them. Tune them out. You don't.
 

Jenna112

Junior Member
Thanks so much! I've been trying to read and answer my own questions but it's all so complicated. I do know that theres some money in his bank accounts. Should I try to get that out through the bank or ATM or leave that alone?
 

Zigner

Senior Member, Non-Attorney
Thanks so much! I've been trying to read and answer my own questions but it's all so complicated. I do know that theres some money in his bank accounts. Should I try to get that out through the bank or ATM or leave that alone?
That money goes to pay the creditors. It's not yours. Why would you try to get it out?
 

Jenna112

Junior Member
Well I need to pay for the funeral. I have his debit cards (got his wallet from the coroner) and he had previously given me his pin codes. I wasn't sure if it was morally or legally right to take out money to cover the expenses. Also, am I entitled to the possessions in his house? Sorry I have so many questions, I'm just totally lost.
 

Silverplum

Senior Member
Well I need to pay for the funeral. I have his debit cards (got his wallet from the coroner) and he had previously given me his pin codes. I wasn't sure if it was morally or legally right to take out money to cover the expenses. Also, am I entitled to the possessions in his house? Sorry I have so many questions, I'm just totally lost.
No need to be sorry for asking questions. :)

I sympathize with your loss.
 

curb1

Senior Member
Is your name on any of these accounts? Are you listed as a beneficiary? Have you talked to the bank? Don't use the ATM unless your name is on the accounts.
 
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