We often hear the word “estate” and imagine large homes, jewels and other valuables. However, in many cases, the estate of a deceased person can be small. When this happens, family members wonder if they can transfer the estate without costly court proceedings.

Under certain circumstances, small estates CAN be transferred without the presentment of Letters of Authority from the Probate Court.

Transferring an estate outside the courts can be quicker and less expensive. However, as shown below, it doesn’t mean it will be less complicated. If you need assistance transferring an estate, you should seek legal counsel. It will expedite the process and take away some of the burden at an already difficult time in your life.

Cash and Apparel

A hospital, convalescent or nursing home, morgue, or law enforcement agency, may turn over cash up to $500.00 and apparel to an individual furnishing identification and a sworn statement that the individual is the decedent’s spouse, child, or parent, and that there is no application or petition pending for administration.

Property

After the decedent’s death, a person claiming to be a decedent’s successor, may present a Death Certificate and a sworn statement to a debtor of the decedent, or a person holding property of a decedent. It must state that the value of the entire estate, net of liens and encumbrances, does not exceed $15,000.00 (this amount has been increased to $18,000.00 with cost of living adjustments for 2006). It must also state that 28 days have elapsed since the decedent’s death, that an application for the appointment of a Personal Representative is not pending or has not been granted in any jurisdiction, and that the person presenting the Affidavit is entitled to payment or delivery of the property.

In addition, the Affidavit must state the name and address of each other person that is entitled to a share of the estate, and the percentage to which each person is entitled. The State Court Administrative Office has developed the appropriate form for collecting property under this procedure.

The person turning over the property is released from liability to the same extent as if the property were released to a Court appointed Personal Representative. The person delivering the property is not required to see to the application of the property, or to inquire into the truth of the statement. If the person to whom the Sworn Statement is presented refuses to pay, a proceeding may be brought in the Probate Court for this purpose. The person to whom payment or delivery is made is answerable and accountable to a Personal Representative or a person having higher priority.

An heir or a beneficiary under an “un-probated” Will may collect property under this procedure.

Automobiles

Automobiles of a decedent may also be transferred without Letters of Authority. One or more vehicles which do not have a total value of more than $60,000.00 may be transferred to a surviving spouse or heir if the decedent does not leave other property which requires the issuance of Letters of Authority.

The applicant must furnish to the Secretary of State a Death Certificate. The Secretary of State’s office has promulgated the appropriate form for this procedure. If a secured party is shown on the title, a termination statement must be filed.

For further information regarding these matters, please contact Mr. Snyder at 248.619.2582 or click here to send an email.