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Do I need to file probate?

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M

MasterSgt

Guest
What is the name of your state? North Carolina

My Father passed away last year. He had been in a nursing home for years and owned nothing and had no income other than his social security. He had two small signiture loans that my brother and I were paying on until his death. We notified the bank of his death and told them he died indigent. There was nothing to probate. The smallest loan has since been forgiven. We are not paying on the other loan and it may be forgiven also.

We were recently notified that there is a $600 check at the courthouse that the nursing home sent them from an over payment that was made by his social security. Can we just leave it there and do nothing or are we required to sign for it which will begin probate. Would the check have to go on the loan or could we keep it to offset the money we paid on his funeral costs. There were no other creditors.
 


lwpat

Senior Member
To cash the check you will need to start probate. You can use the money to pay funeral expenses and then have the mortuary reimburse you.
 

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