Ask a Estate Probate Lawyer a Question

Blake

8,244 satisfied customers

Welcome! Have a similar question?

5 lawyers online now

October 8, 2025

How do I challenge an executor without an attorney?

Regarding probate, I have reason to challenge the executor and have been put in a situation where I cannot afford an attorney. How should I proceed?

Estate Probate

October 7, 2025

[KY] [KY] How do I handle my deceased mother’s small estate?

My mom passed away in March. She had no assets other than her checking account. She has a little over $2,000 in that account, and I have a check for a little over $1,800 for an overpayment on her nursing home. I was her POA. She had a living will but no will that named an executor or executrix. I just want to be able to cash this check and close her checking account without too much legal expense and hassle. I was told that I would need to have her will admitted to probate and be sworn in as Executrix, then open a checking account in the name of her estate, just to be able to cash the check.

KY Estate Probate

October 6, 2025

[AZ] [AZ] Are exact amounts required on a small estate affidavit?

Hi, I am creating this small estate affidavit because I am a trustee on a trust, but the brokerage account (IRA) was not part of the trust, and the bank said I could supply the small estate affidavit or letter of testimony, which I understand has to be filed with the court. Because I am not a beneficiary, nor is the trust, the bank will not disclose the value of the IRA to ensure it complies with the $ 75,000 maximum. I believe the value is roughly $ 53,000; however, because I can’t verify, this form asks for a dollar amount.

AZ Estate Probate

October 3, 2025

[NY] [NY] How do I designate an account for non-probate expenses?

Hi, I'm in New York. All my financial accounts will go directly to named beneficiaries, which are already set up. There is one brokerage account I’d like designated to have any taxes, debts, and estate expenses paid from. Can I do that?

NY Estate Probate

September 30, 2025

[GA] [GA] How do I use a certificate of trust?

I am in need of a certificate of trust for a trust created by my father. He has passed and I am the trustee. Prior to his death there was not a certificate and the closing attorney is asking for one to close on the sale of his home. Am I able to use the one I created if notarized?

GA Estate Probate

September 26, 2025

[TX] [TX] How will a bank release funds for a small estate?

Father passed in New Mexico. Real estate property and life insurance passed to wife. Bank account in Texas needs to be settled. Bank won’t release without probate, even with affidavit of successor interest, letters of testamentary, and heirs wanting to split evenly. How can this be released without a will?

TX Estate Probate

September 26, 2025

[AL] [AL] Which of my assets go through probate?

Do my savings and checking accounts go into probate at my death, or can they be accessed before? Does my alternate executor need to be on my bank accounts if they are on my durable power of attorney? Can I sell my house to my daughter for $1 and avoid probate?

AL Estate Probate

September 26, 2025

[KS] [KS] Can I notarize a small estate affidavit in any state?

I just paid for a Small Estate Affidavit for my sister who died in Hawaii. I cannot go there to have the form notarized. Can I do it in my state?

KS Estate Probate

September 24, 2025

[IA] [IA] Can a small estate affidavit be filed in any state?

I am trying to collect a mutual fund and make my mother's trust account the beneficiary. TransAmerica tells me I need to send them a copy of a small estate affidavit. Do I also file that in the state of Iowa? I live in Mississippi and need to have it signed and notarized here.

IA Estate Probate

September 23, 2025

[TX] [TX] Can I transfer a bank account using a Small Estate Affidavit?

Husband’s parents both died within 32 days of each other. They have no real estate or property other than small personal items, leaving only the contents of their checking account, totaling less than $7,100 (or less, depending on whether Social Security retracts some funds). I have drafted separate Small Estate Affidavits for each.

TX Estate Probate

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.