Legal Question in Wills and Trusts in Ohio

''Estate'' value less than $1000. Is probate required?

I have a friend who lived her whole life with minimal income (SS disability), subsidized housing, food stamps, medicaid, etc. She has basic household items (personal property) most of which were 2nd hand and given to her. No savings/checking accts. No cash under mattress. No real estate, no car, etc. If everything in her apt were sold would be lucky to get $1000. Cremation cost $800 which I paid for. There is significant debt in form of credit cards, unpaid medical expenses, book of the month club, etc. December 1st rent will be due on apartment. Pt did make a will naming me (not a relative) as sole beneficiary. Has 3 living siblings with difficulties of their own who have not been involved in her life. I need to get that apartment emptied ASAP and want to sell lock/stock/barrel to ''highest bidder''. May or may not even recoup my expenses for funeral/death certifs/obit. Do I have to file in probate court? Am I legally allowed to dispose of personal property in order to clear out apt. Otherwise, apt will lock me out of apt and dispose of property so they can get apt ready to re-rent. There is one last SS check (just under $1000) which I cannot cash because I am not POA. What happens to that?


Asked on 11/27/08, 9:39 pm

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: ''Estate'' value less than $1000. Is probate required?

There is a summary release from administration procedure that would allow you to get paid back for the cremation and other funeral expenses and give you the authority to deal with your friend's property and check. This is a quick probate court procedure.

You should consult with the probate court in the county where she lived or consult with a local attorney.

This advise is general legal informatoin and is not intended as legal advise nor does it create an attorney-client relationship. You should consult with an attorney for legal advise particular to your situation.

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Answered on 11/28/08, 9:02 am


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