Is probate required for small estate but large debts

[Kevnjack]

What is the name of your state (only U.S. law)? Oklahoma

My mother in law passed last month and she did have a will. We have not filed probate yet. She has only cash in a bank account of about $2500 and no other assets. However, she has thousands in debt for medical bills due to her illness before passing. Those named in the will wish for the money to go toward funeral costs. Lawyer friend (not a probate lawyer) says probate is not necessary since there weren't a lot of assets, and he says that we should pull the money out or make a check directly to the funeral home for the balance in the account and be done. I have online access to the account, but it was not a joint account. (Basically, I handled her bills for her while she was in the hospital by doing bill pay online).
I want to make sure we handle this properly since my husband was named executer in the will, and I don't want creditors to come after us if we did not do the proper procedure, give them a chance to file a claim, etc. Is it good enough to send letters to known creditors, copy of death certificate, and tell them the estate is insolvent? Should I, can I, I touch that money in the bank without probate process? Simpler is better since we don't have money for a legal process. (Oklahoma)

 

[tranquility]

To start, I don't know OK law. Generally, funeral expenses have a priority. The problem is, once you get to a hierarchy of priority, you need an administrator/executor unless you have access to the account without it.

Personally? I'd bury (Not me, we were a cheaper, cremation-type, family.) my mother, even if it puts me into debt. I would probably forget about the "estate".

 

[Dandy Don]

Your husband has no legal authority until he is named executor by the court. Your husband needs to consult with a probate attorney to figure out the best course of action. Or you could check your county probate court's website to see if they have tips posted on how to handle smaller estates, or visit the courthouse to see if they have published a pamphlet explaining to the public about probate procedures.

It is possible that if he filed to be executor that the funeral expense would be the highest and first expense to be paid and then the estate would be officially and technically insolvent and then there would be an official record that probate is over and done with. If you wrote the check after the death you would be committing an illegal act since you have no legal authority to write it (only the executor would have authority to write a check), and the creditors could come after you.

The creditors have the right to get probate open up themselves (any one of the creditors could do it), but they probably won't do it if they have ascertained or guessed that there are virtually no assets, because it would then not be worth their effort to pursue an action where they are not going to be paid).