QUESTION

I have to handle my mother's affairs and I am unsure if I can use a small estate affidavit now and petition for administrator later.

Asked on Mar 15th, 2021 on Wills and Probate - Kansas
More details to this question:
My mother died intestate in Kansas. She died in a nursing home and had no estate to speak of- no car, no house, no insurance. Only some clothes, books, and small electronics. Her bank accounts were jointly owned with my brother and the bank has stated that he takes over ownership. Normally, I could use a small estate affidavit. However, she was a beneficiary of her brother's estate. He passed a few years ago and his estate has not been completed. They want to make any distributions to her estate, for which there will need to be a new account opened. I don't know when this will happen or how much it will be, but assume there will need to be an administrator. However, if I were to start probate and file to be administrator now, there is nothing to probate at the moment. How should I proceed?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Depending on the amount she is to inherit, you may still be able to file a Small Estate Affidavit.  In any event, you do not need to know how much is in the estate to open an administration.  The Inventory is not due until after the court appoints an administrator.
Answered on Mar 16th, 2021 at 5:38 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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