Can You Claim Benefits And Not File Probate

Folsom Probate Law and Their Professional Probate Attorney answers the top questions about probate and estate planning.

Folsom Probate Law

How Does Probate Work Without A Will?

A: When a person passes away, the legal process in place to take care of the properties and liabilities of that individual is through the probate court. Through the court of probate, the departed individual’s assets get dispersed and the financial obligations of the deceased are looked after.

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While not all properties may go through probate, those assets that do go through probate are distributed in accordance with the desires set forth in the will signed by the deceased. If he or she had no will, the possessions will pass to the deceased individual’s loved ones in accordance with the laws in which the will is probated or in some more complex cases, the distribution might be based on where the property lies.

If a person has assets that she or he has taken into a trust, those assets do not need to go through the court of probate as those assets stay in the trust and are dispersed in accordance with the regards to the trust. Insurance proceeds and pension with recipients named will disperse those properties as needed by the terms of the insurance plan and the pension. Cash and possessions held in joint occupancy with rights of survivorship will immediately pass at the time of the decedent’s death to the survivor on the survivor or the account owning jointly a home.

Debt and the Probate Process

The probate process is likewise there to give notice to creditors to come to the court and request payment for any money owed to that financial institution. The financial institutions will get no cash on the quantities they are owed if there are no properties in the estate.

While you might wish to ask an attorney that concentrates on probate issues any particular questions you may have, the intent of the probate system is to complete the circulation of possessions and the payment of financial obligations of a decedent. A last accounting of all properties distributed and all financial institutions paid might be made to the court and upon that final accounting, the probate estate is closed.

Once the estate is closed, creditors of the decedent’s estate that failed to show up after having actually been notified of probate might be disallowed from trying to gather a debt against the decedent and the agent of the decedent in the probate proceedings.

So as far as your concern is concerned, in general, the debts of the deceased are his/her debts and not the debts of the household when you go through probate. If there are no properties whatsoever, there are no assets to probate and the lenders rights to pursue the estate of the deceased would continue as they would not be snuffed out in probate. Having said that, in the not likely event that any money would appear after an individual passes away the family may have to use that money to settle the debts of the lenders prior to keeping any of it.

While the laws and the timing for probate differ from one state to another, the essence of probate is the same in trying to distribute properties and pay off the financial obligations of the decedent.

Financial obligation Collections

You ought to know, however, that sometimes the financial obligations of one person can be gathered against a spouse or other relative. If you have a joint credit card with the deceased and you have actually utilized that card to run up the balance on the card to purchase things for yourself, the credit card business might attempt to collect the balance owed against you in some scenarios.

When it comes to healthcare bills, you might find that treatment costs for the care of a loved one might be billed to the departed but the healthcare offered might pursue the spouse or child for those health care expenses. In some states, there are laws that permit the recipient of the service to become responsible for those debts in specific scenarios.

In these 2 scenarios, you might discover a person accountable for those debts whether or not a person has died. The debt would exist in those states that enable financial institutions the recipient of the services or user of the card at the time the service is provided or the goods are acquired.”

The subsequent death of the main individual on the debt would trigger the executor of the estate to pay those debts during the probate proceedings and if the financial obligations were not paid, the creditor could still pursue the celebration that gained from the goods or services bought.