Is a court appointed administrator of a small estate, liable to pay unknown creditors

[Mrsblindman]

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

 

[NIV]

Following the procedures of probate should protect the fiduciary.

If you are unsure of your duties of trying to find creditors, you need an attorney for advice.

 

[quincy]

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

What is the name of your state, Mrsblindman?

 

[Mrsblindman]

I live in Arkansas. I'm not going to hire an attorney for the +/- $1,000 and travel between here and there. Not worth it.

 

[HRZ]

REad the rules and pay attention to state specific issues...often the administrator is required to run a short series of legal ads .

IF you royally bungle things the creditors could chase after your pocket.

THe ads , if that is the step, are an easy step..and part of proper expenses

 

[NIV]

I live in Arkansas. I'm not going to hire an attorney for the +/- $1,000 and travel between here and there. Not worth it.

Then, the potential for liability to unpaid creditors remains.

 

[quincy]

I live in Arkansas. I'm not going to hire an attorney for the +/- $1,000 and travel between here and there. Not worth it.

You live in Arkansas. Where is the estate being probated?

If you live in a different state, you need to appoint an agent to handle the processing of papers in the deceased person's state.

If all is in Arkansas, you must publish a notice in the local paper, once a week for two weeks, informing all interested parties (e.g.,creditors) that the estate is being probated and they have 3 months to file a claim against the estate.

You are responsible for seeing that all property is inventoried and appraised. You should notify all known creditors personally. You will need to keep good records of all of the property and values and, later, all distributions. You will need to take care of the taxes and insurance.

In Arkansas, you will also need to post a bond.

It would be smart for you to consult with an attorney in Arkansas.

Good luck.

 

[NIV]

As long as we're giving tips, if in Arkansas, see pages 29-30.

https://courts.arkansas.gov/sites/default/files/ProbateBenchbook.pdf

 

[quincy]

I was a bit reluctant to give any information on Arkansas - mostly because Mrsblindman's "travel between here and there" comment makes me think another state is involved - but the Arkansas Probate Bench Book, if of recent vintage, should be of help to her.

 

[Mrsblindman]

Mrsblindman

The question I asked was, Is a court appointed administrator of a small estate, personally liable to pay unknown creditors and/or credit cards?
My mother died and left no Will. There's only about $1,000 in her checking account and no other property or anything. She was in a nursing home and had nothing but what was in her room. If I file to be appointed administrator so I have access to her account, can unknown unpaid creditors find me and make me liable? I have no knowledge of any unpaid debts. I would like to know if it's worth the paperwork, filing fees and trouble beforehand.

 

[quincy]

The question I asked was, Is a court appointed administrator of a small estate, personally liable to pay unknown creditors and/or credit cards?
My mother died and left no Will. There's only about $1,000 in her checking account and no other property or anything. She was in a nursing home and had nothing but what was in her room. If I file to be appointed administrator so I have access to her account, can unknown unpaid creditors find me and make me liable? I have no knowledge of any unpaid debts. I would like to know if it's worth the paperwork, filing fees and trouble beforehand.

Can we assume you reside in Arkansas and your mother did as well?

If there are no assets to distribute, a creditor cannot make you personally satisfy your mother's debt using your own assets. If there is $1000, it is your responsibility to distribute this.

You also are responsible for notifying known creditors and publishing an ad to notify those who may be owed money so they have the opportunity to file a claim against the estate.

 

[Mrsblindman]

Mother lived in Tennessee. All she owned was very few clothes, a walker and a couple of pictures. She lived in a small senior living apartment. She got rid of everything, furniture, pots and pans, extra clothes, etc. before she went into the nursing home. All the appliances were provided in the apartment. The $1,000 in her checking account was all she had monetary wise. I was just going to have the bank send it electronicly direct to funeral home to pay on her funeral bill. You'd think it would be a little easier for such a small amount. HaHa!

 

[Zigner]

Why would the court have appointed an administrator?

 

[quincy]

Why would the court have appointed an administrator?

Good question.

If the court did in fact appoint Mrsblindman as administrator of her mother's (very small) estate, Mrsblindman will want an agent in Tennessee.

 

[Zigner]

I suspect that the OP petitioned to be appointed administrator of the estate, but I was trying to elicit the information from her. If that's the case, the follow-up question is why would the OP have petitioned to be appointed the administrator...