Legal Question in Wills and Trusts in Pennsylvania

The fact that your mother died without a will has no bearing on whether you should probate an estate.

You indicate that your mother had a little insurance money. Was this life insurance? And who was the beneficiary if so? If you or another sibling was beneficiary, then that designated person gets the money and gets to keep it. If no person was designated, then you definitely need to probate an estate for your mother as the insurer will only release the money to her personal representative.

What I would do is talk with the register of wills (assuming your mother lived in Pennsylvania) and see if you will need to probate an estate for your mother. The question will be whether your mother had assets. If so, then you will need to probate an estate. Depending on the nature of the assets, they may have to be sold and the proceeds used to pay your mother's debts. The debts must be paid before the heirs can inherit under the intestacy law (other than a family exemption). If there is not enough money in the estate to satisfy the claims of all creditors, then the claims are paid in order of priority as per state law. I suggest that in such case that you hire a probate attorney to assist you.

If there are no assets justifying probate, then I would write a letter to each of your mother's creditors and send them a copy of the death certificate. I would advise the creditors that your mother has passed and that she had no probate assets and that an estate will not be opened. Send the letter via certified mail and keep a copy for you.

The short answer is no. Any debt incurred by your mother is owed by her estate not you. As my brother in law also an attorney say you send them a "So sorry" letter to each creditor and that's all they're going to get. If the say that somehow YOU are responsible that's not true. Though some might try to make it sound like you are.

{John}