WA: Parent, no will, no assets, lots of debt

What is the name of your state (only U.S. law)? WA
My mother-in-law died without a will. Here are the facts:
- Income:No job, just SS
- Debt: 20-30K of credit card debt, only in her name.
- Assets: personal belongings in her apartment.
- Life Insurance: not aware of any

Is a personal representative needed?
Will the debt just go away?
Do we need an attorney, for our own protection, or otherwise?

is there a father in law? (spouse)?

No father-in-law

She was widowed.

No financial assets?

Unless we're talking some Monet's or Renoir's among the personal property, I would tell the creditors that opening probate is not worth it for any of the family members and, if any of the creditors wish to do so, they can have at it.

The following is a pretty good website on WA probate. The link is to the page discussing insolvent estates:

http://www.wa-probate.com/Instructions/Insolvent-Estate.htm

No financial assets to my knowledge

Thanks for the link anteater, I'll check it out.

Yes, I think the only "asset" is a little bit of cash in the bank, which is probably last month's SS check which will probably have to be returned - at least the one received just after her death.

I think what I need to find out is who we should contact - if anyone - or will the state just "find out" once the death certificate is signed off. Maybe it's in that link.

turtle7448 said:

I think what I need to find out is who we should contact - if anyone - or will the state just "find out" once the death certificate is signed off. Maybe it's in that link.

Click to expand...

Unless somehow it is owed money, "the state" really does not care.

The creditors care, but, if there is nothing in the estate to pay them with, they are out of luck. They aren't going to lay out a couple grand to open probate just so they can have an estate sale for the personal property that may yield a couple hundred bucks.

Not that some of them won't try to lay a guilt trip on the heirs in an attempt to get someone to pay. But, in that case, you just tell them to buzz off. It isn't the heirs' debt.

My MIL passed in the same manner. A copy of the death certificate along with a letter stating the debtor passed away and had no assets or estate and that there would be no probate was sent to each creditor. A few whined a bit but all eventually accepted the fact they were not going to get anything and we never heard from them again.