Father passed with No will

[confused-in-MO]

My wife's father passed away. We have not been able to find a will, he has no other person named on his banking accounts and all his paperwork at the post office refers to "his estate" as far as beneficiaries. She has an older brother and a younger brother.

Is their a flow chart of how to proceed with his benefits with the US post office, pay his bills to funeral home,... being that he does not have anything documented? He was renting an appartment, drove a 15yr car that is paid for, may have <$5k in credit debt and no other assets that we know of other than we think there is life insurance through USPO.

She was told one day with the USPO to complete paperwork with them and not require an executor or probate, but then was told the oppoiste by someone else in the same group. Likewise one probate lawyer told her to "shake the tree" with the USPO and see what happens while others are imply its inevitable to deal without probate. All the while we have a significant bill to be paid. She was going to the bank with his death certificate, check book and Bill from funeral home to see if they could right a check to the funeral home. We are confused, she is overwhelmed, and each lawyer she has spoken with have been either opportunistic or accusational, not guiding or trusting.

Any guidance is greatly appreciated, trying to protect what assets are actually there and pay for his services ASAP.
What is the name of your state (only U.S. law)?North Carolina

 

[anteater]

Some employer benefit programs may provide a "default beneficiary" if none is designated by the deceased. But, if her father explicitly chose to have his estate as the beneficiary, I don't know that there is a way around opening probate under intestacy (without a will) and having an administrator appointed to administer the estate. Your wife might ask to go up up the chain at the USPO, explaining that she received differing answers at a lower level.

I assume that he resided in North Carolina. It's a bit much to start from scratch in explaining probate. I suggest that that you do a search with terms like: North Carolina probate. You should come up with a number of sites that provide an overview, such as:

http://ncwillsandtrusts.com/2009/03/what-is-probate-overview-of-the-north-carolina-probate-process/

 

[confused-in-MO]

Thanks for your response.
Her father lived and was currently employed in Missouri when he passed. We live in NC.
Good advice to seek management within the post-office to guide us on filling out the paperwork.

Just hoping to avoid probate being that there is little $'s, no property and all siblings are in agreement.

Could a bank make a payment to the funeral home or are there hands tied now and need an executor to make that call?

Thanks again!

 

[anteater]

Sorry about the state. Was not certain whether the "your state" or your user name indicated where the father in law resided.

Could a bank make a payment to the funeral home or are there hands tied now and need an executor to make that call?

The bank shouldn't, but sometimes I've found banks to do things that absolutely should not be done and refuse to do things when all the proper documentation is presented.

There is a small estate affidavit procedure available in Missouri...

If a decedent’s estate is valued at less than $40,000, a small estate certificate may be obtained 30 days after the decedent’s death by a distributee without going through the full probate process. The distributee, called an “affiant,” must file an affidavit promising to use the decedent’s assets to pay debts and distribute the property according to law. Publication is required unless the estate is valued below $15,000.

http://www.mobar.org/5b04bde7-5f25-4079-8f76-bf3e2b14001a.aspx

The full statute for small estates can be found at:

http://www.moga.mo.gov/statutes/C400-499/4730000097.HTM

 

[justalayman]

No, a bank cannot do anything with money that is in his accounts. It will set there until somebody has letters of administration or letters testamentary who controls the fathers estate. Then, that person can take the money out of the account or pay bills with it as needed.