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What to do with the will

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KitFwn

Junior Member
What is the name of your state? Kansas My aunt left me as executrix of her will. It states that her personal possessions are to go to a local charity, and any residual assets go to me. Her ONLY assets are some personal possessions, clothes, furniture, knick-knacks, totalling to approximately $4500. Her house, car, bank accounts and any other assets she left as payable on death, or transfer on death, so these were transferred outside the will.
Since the only assets the will distributes are the personal posessions to charity, I'm not sure what to do with it. It's such a small amount that I wouldn't think it would have to go through probate, but I don't know. Is there a legal way for me to just file the will, distribute the possessions to her wishes and call it done? How do I proceed with the will?
 


Dandy Don

Senior Member
Are the personal possessions themselves to go to the charity or did she instruct you to sell them first? Go ahead and give them the possessions and forget about getting the will probated--there is no need to.
 

KitFwn

Junior Member
The will does instruct me first and foremost to pay off her final debts. And, thankfully she really didn't leave much. The house bills transferred with the house, and those were her only bills. The only other debt I've found that could arise would be any final medical bills that her health insurance didn't cover. So far though, it looks like they've covered everything, and I've received no bills from any other creditors. I'm wondering now, if I
should do nothing with the will for a short while and wait to see if any medical bills come in. And if they do, what then?

The will just instructs me to give her personal possessions to the charity. And it specifies clothes, furniture, and all other personal effects. I'd like to be able to pack these and have the charity pick them up as soon as possible, but I'm not sure if I can do that yet. If the will doesn't need to be probated, don't I still have to file it, or record it with her local courthouse within a certain time period? I just want to make sure I protect myself, and do whatever it is I need to do with the will, before I distribute her personal posessions.

Thank you for your responses!
 

seniorjudge

Senior Member
Carry the will to the probate court and ask them if you can just file it (not probate it).

That is allowed in some states.

And it will keep you out of trouble if something does happen that is unexpected.
 

Dandy Don

Senior Member
You need to ask the courthouse that even if you file the will does that still mean you have to pay for a classified ad in the local newspaper that will notify potential creditors that the estate is "open" so that they can still submit their bills for payment by the executor. If the creditors don't know that the lady died, they wouldn't know where to send their bills for payment and that is why the law requires this ad.
 

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