Claiming Funeral Expense Without Probating Will

What is the name of your state?What is the name of your state? bronx ny

My cousin died in a nursing home while on Medicaid. There is a will but the family (scattered across the country) does not want the expense of probate, as the estate is a few hundred dollars in the nursing home, which reverts to Medicaid if not claimed.
I paid part of the funeral expenses and want to file an affidavit to claim it from the home. But the printed form they sent me to sign states that there is no will and she died intestate.
Can I legally crosss out and initial that portion of the affidavit, and submit it?

Who sent you the form?

Only way you can claim this money is to file papers at the courthouse to become administrator and you will then be issued letters testamentary giving you authority to claim any and all assets. You need to ask at the county courthouse if there is a simplified form for smaller estates or what the minimum amount of estate value must be before probate is required. You may want to consult an attorney to find out if they will let you cancel probate if it turns out that this is the only asset in it.

Your main objective is to get the letters testamentary so you can get the money now and not let Medicaid get it. You have a right to be reimbursed for funeral expense that the estate is supposed to pay for.

DANDY DON IN OKLAHOMA ([email protected])

The nursing home finanial office sent me the form. they said they pay out the funds based on this affidavit. They mentioned nothing about involving the court.

I thought the affidavit approach was a way to avoid going to court in cases where the estate is small?

BTW, I'm obvously not disagreeing with your reply, just don't understand.

You can sign the form (technically even though there is a will, since it is not being probated then the estate is actually intestate, so you would not be lying) and get the money.