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what to do first as administrator

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C

cydout21

Guest
What is the name of your state? Illinois
My mother recently passed away with no will. She had no real estate, vehicles or personal property except clothing. She was at the time, disabled and living with her brother. I am the oldest son. Her checking account had less than $1,000. She still owed approx. 10,000 on a home that she borrowed against and had since deeded by quit claim to another son. Plus owed other small medical bills. I am paying the funeral expense with my own personal funds. What do I do now? I have looked into Small Estate Affadavit but am not sure what this is used for. I do not want to have to go thru courts as I am not living in IL.
 


Dandy Don

Senior Member
So sorry you are having a difficult time.

Is there a friend or relative who lives in the same city/county where the death occurred? Normally the bank will not release the checking account monies to anyone except the administrator or executor of the estate, but one is not really needed here since the estate is technically in debt and no probate filing is needed. Have you talked with the bank to find out if you or anyone else is named as joint account co-owner or beneficiary of the account and to find out whether the bank would release the money to you?

If they won't release it, then you can go ahead and file the paperwork to be administrator and shortly thereafter you will receive papers called letters testamentary which you would then present to the bank to get the money.

Did she own the house outright (was it fully paid for) or was she still making payments to a mortgage company? The house may need to be probated if there is some question as to who would be the legal heirs of it, but if it is still owned by the mortgage company then the son needs to be talking with the mortgage company to find out whether it needs to be sold or not. If she owned it, then probate might be needed to determine who the actual official legal heirs are.
 

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