Since there is no will, will all assets (accounts) go to probate?

Question

My uncle recently passed away and we have not located a will. We have found two bank accounts in his name. There is no real property involved. If he listed one of his brothers on a bank account and that brother is deceased, would the funds in that account be distributed to my uncle's remaining siblings or to his brother's heirs?

Edwin K. Niles · Answer

Uncle's siblings if they are the closest kin.

Norman Green · Answer

The account for the brother does not go to the brother's heirs. Everything will go through probate to the decedent's heirs. If he has no living parents or issue, then one share will go to each surviving sibling and one share to the issue of each pre-deceased sibling.

Brian Haggerty · Answer

If all you have is two bank accounts, then you might be able to do this with a Small Estate Affidavit. If the amount is too large, then, yes, it will go to probate (technically, "probate" is for a will; "administration" is for an intestate estate. Same process.) If his brother who was a joint owner died before your uncle, then your uncle owns all the bank account and it's all in his estate. If your uncle died first, and his brother who was joint on the account second, then brother owned the whole account and it's in his estate.

James Frederick · Answer

Probate is needed if there were no joint account holders or beneficiaries named on that account. In the absence of a Will, state law decides who gets the account proceeds. Your uncle's assets would pass to his heirs, under these facts.

Nathan Wagner · Answer

If your uncle died before your father, the bank account should go to your father's heirs. Depending on how much money is in these bank accounts, you may be able to use a small estate affidavit to transfer the accounts to your father's heirs, rather than filing a full blown probate proceeding. Currently in California, to use a small estate affidavit, the total probate assets must be less than $150,000.

James Weiner · Answer

The bank accounts all go through probate unless there is a beneficiary listed as POD (payable on death) which sets up a bank trust. Then it goes direct Generally if unless the POD beneficiary survive and it does not say or their heirs it reverts to a regular account and goes through probate. By the way, even with a will the assets would have to go through probate. Generally a funded trust is the mechanism that keeps assets from going through probate.

Richard Keyes · Answer

In Missouri, the bank accounts have to go through probate if there is no beneficiary designation on the account which is known as "payable on death." If the two accounts total less than $40,000, then you can do a small estate in Missouri which is a simplified procedure. If he had listed a brother on the account and made it a joint account, since the brother died first, the ownership of the account goes to the survivor which would be the uncle.

Victor Waid · Answer

Yes as to the first question, as to the second question then the funds would go to probate also, to determine who the rightful heirs are.

James Maguire · Answer

His assets would go to his siblings, assuming that he did not have any children. If any siblings predeceased him, the heirs of that sibling would receive the deceased sibling's share. Usually, matters like this can be handled without probate. There are just some documents that need to be prepared and signed by the heirs.

Christine James · Answer

If the total value of the estate is less than $150,000 a small estate affidavit with a death certificate will transfer the accounts to the rightful owner(s). If your uncle survived his brother who was named on the account, the uncle's legal heirs are entitled to the proceeds. If the brother survived the uncle, the brother's children would get the proceeds.

Thomas Edward Gates · Answer

When one dies intestate (having no will), there are specific statutes that address this case. If there is no spouse, the estate goes to his children in equal shares. If there are no children, the estate would go to his parents. If no parents are alive, then to his siblings. While his brother was on the bank account, when he died, everything in the account went to the surviving brother.

Bernard H. Greenberg · Answer

In Colorado, it may be possible to transfer the bank accounts using an Affidavit of Collection. Whether the estate must be probated depends on the value of the accounts when added together. It is possible that one or more of the banks will not accept anything other than Letters of Administration which are issued by the Court when an estate without a Will files for probate. For more information, contact an attorney specializing in estate administration.

Jayne Sebby · Answer

If the is no one else's name on the bank accounts as joint owner and your uncle died without a will, then state intestacy statutes will determine who inherits the funds.

Dara J. Goldsmith · Answer

Assuming the brother predeceased him, it will need to go into probate. Schedule a consultation with a probate attorney where your brother lived.

John Brennan · Answer

It would appear that all of his accounts and assets will have to be taken to the probate court where a probate estate will be opened and thereafter distributed.

Mark T. Peters · Answer

The proceeds should probably go to the heirs of the brother that died last, if the account was a pay on death account or a joint account.

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Since there is no will, will all assets (accounts) go to probate?

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