QUESTION
Can a personal representative be appointed and use the affidavit process to avoid the probate process?
Asked on Dec 09th, 2015 on Estate Planning - California
More details to this question:
There are 3 out of state heirs of their brother who died intestate that are trying to collect roughly $80,000 in insurance proceeds but they don't want to do the paperwork themselves. Can all 3 agree to appoint a personal rep but have that personal rep still use the cheaper affidavit process or must they go through the probate process anyway? What would they need to do to appoint an attorney to do this process or would the attorney have to pay the filing fees and go through the full process?
2 ANSWERS
They are not willing to do anything to collect $27,000+ each? They may even be so lazy that they have a third party do their posting. Ask the insurance company what they need to release the funds and then do it. If they can all agree on something, one of them can do it or hire an attorney; if the attorney needs something signed [he can mail the papers to them but send stamped self address envelope to avoid tiring them out].
Answered on Jan 08th, 2016 at 4:30 AM
Edwin K. Niles
First question: Is there a named beneficiary? If so, the insurance proceeds go direct to those benes; no probate is necessary. If payable to his estate, they can still use a small estate affidavit, without probate,which is expensive and time-consuming. Perhaps they can agree on a lawyer to handle this simple matter.
Answered on Jan 04th, 2016 at 4:52 PM