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Probate: How do you start the process?

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    Probate: How do you start the process?

    A relative recently died from a heat stroke. He was 27, unmarried, and had no children. He was young, so he never bothered to even make a will. He had about $400,000 in assets when he died suddenly on Saturday after going on a hike in the Phoenix desert mountains. His father wants to know how to start the probate process and how to become "executor" of his son's estate. He would prefer to do it all himself and not get a lawyer to avoid their fees. I have no idea about this stuff, so I thought I would ask all of you on here for some advice.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

    #2
    Talk to your local Clerk of Court. I know here in FL, they have the paperwork there to begin the process.
    04/03/2008- Filed for BK CH7-Middle District of FL
    04/04/2008- Found out I have the more "laid back" trustee- the other one is a real bear, I hear. Yay!
    05/06/2008- 341 meeting held

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      #3
      OH MAN. What a shame. However you won't in our County get legal advice. The closest next of kin I think by law would be the executer and possibly the recipient of the estate. For that much money, I sure would get a lawyer as there may be taxes involved. You sure are not on a legal forum here. This is a support group forum with only tales to tell of good and bad, and other things, but my advice is get the lawyer for sure. (Pay me now, or pay me when your in trouble) rings in my ears. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        I agree with Hub. First of all, please accept my condolences. Secondly, with $400,000 in assets, tell the father to do the right thing and hire professional help. He will sleep much better.

        And there is a lesson to be learned here. Age has nothing to do with putting together a will. The next breath is not promised to any of us. If you have any assets at all that you want to direct, or more especially children that you care to appoint a guardian, put it in writing and save your relatives a lot of unnecessary additional grief.

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          #5
          I am sorry to hear of your family's loss. As to needed details per your posting, the undertaker handing burial arrangements will take care of some necessary documents that will be needed (Death Certificate) and will ask certain questions about the deceased's estate to find out about life insurance, etc.. Depending upon where the deceased resided, contact the Register of Wills office (or similar wording - depending upon state) for that county/state and speak with someone there, advising the deceased did not have a will, no wife, no children. Each state has various requirements as to size of estate, no will, etc., etc. You will be instructed as to bringing in a death certificate and other necessary documentation.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

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