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Probate or not?

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baritx62

Junior Member
What is the name of your state (only U.S. law)? Texas

My mom passed away. She has absolutely no estate due to being in a nursing home and on Medicare. She also had no will. There are no bank accounts in her name, no property, no more income. Do we need to probate her estate at all?
 


garrula lingua

Senior Member
No. If there are no assets to distribute, you don't have to open Probate.
Unless ...
Did she have a life insurance policy ?
Any pension ?
Any trust ?
Anyone owe her money ?
A house ? (although Medicaid has reimbursement rights)

If you locate any small amount of property (unclaimed money with the State from a bank account, etc.), there is a method of claiming via an Heirship Affidavit, which is less formal/court-oriented than Probate.

I'm sorry for your loss. You don't have to open Probate.
 

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