QUESTION

my dad passed away,he is not married and did not have anyone on his checking account. can we avoid probate if we can get a court order?

Asked on Mar 11th, 2014 on General Practice - Missouri
More details to this question:
I am wondering if we can avoid probate by getting a court order or something naming one of his children executor of his account. None of the children will be fighting or arguing over who is appointed. He TOD all of his other things like car titles and all that. Its just fir his bank account.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Probate (which might be called something else when the decedent leaves no will) is the mechanism by which those left behind get authority to deal with the decedent's affairs.  In other words, you get a court order through the probate proceeding.  If no one is fighting, it shouldn't be that big a deal.
Answered on Mar 11th, 2014 at 3:57 PM

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