[WSBAPT] affidavit of non probate

[Thomas Gates]

However, to use the small estate affidavit, all creditors must be paid.  If the available assets cannot pay the creditors, do not use your funds to do so.  The money in the bank account would be turned over to the state’s unclaimed property.  At this stage, you can use the death certificate to claim the funds.

Tom

Sent from Mail for Windows 10

From: Jamia Burns
Sent: Monday, September 24, 2018 7:40 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] affidavit of non probate

She would fill out the affidavit of probate, but it is not filed. She presents the bank with a copy. They may be unwilling to hand over the money, since she has not been appointed as custodian. The guardian for the children, once established, may need to fill out the affidavit. 

Respectfully,
Jamia S. Burns
Attorney at Law - Estate Planning 
360-739-6379
www.jamiaburnslaw.com
jamia at jamiaburnslaw.com
Mail: P.O. Box 29453
Bellingham, WA 98228
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Mon, Sep 24, 2018, 1:53 PM Jenna Brozik <jennaprinzlaw at gmail.com> wrote:
Hello listmates,

I have a client whose son died.  He did not leave a will.  He had no assets except for a bank account with a couple hundred dollars in it.  He does have two minor children, no wife.  His mother has been handling all his affairs and debts.

He had no real property or any other assets so there is no reason to open up a probate.
The bank will not hand over the bank account to the mother for the benefit of the children after showing them a death certificate.
Do you suggest she file an affidavit of non probate?

Thanks, 



Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com
 
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