Full question:
I live in England. My father died in 2006 in Italy, leaving his estate to me, and two other siblings one a minor. part of the estate was left in an account in an Bank of America. We have full english probate and a transfer certificate from the IRS showing no tax due on the money. The bank now requires a court order, Is summary administration satisfactory. Can we do this on-line?
- Category: Wills and Estates
- Subcategory: Small Estates
- Date:
- State: Florida
Answer:
In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.
In each state, if the value of a decedent's estate doesn't exceed a certain amount, the small estate procedures may be used to collect and distribute the assets of the estate. An heirship affidavit may be used in place of letters of administration. An attorney is not required, but you will need to check with the clerk of courts at the local probate court for the availability of filing the required papers by mail or electronically and whether teleconferencing is available, as procedures vary by court.
Please see the requirements for each state at the link below:
http://lawdigest.uslegal.com/wills-and-estates/small-estates-affidavit-law/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
