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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Even if there is no will? and he hasn't signed the check

Customer Question

even if there is no will? and he hasn't signed the check yet? and he really has nothing to his name so there wouldn't have to go thru probate,is that correct?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Yes, when there is no will, he is deemed to have died intestate and that's why the intestate succession rules apply. And, it makes no difference whether or not he had signed the check because your brother was entitled to receive it as of the date of his death so his heir (that being you) are entitled to inherit this claim. Typically, most states allow you to avoid probate when an estate is this small through the use of a Small Estate Affidavit which you should be able to obtain from the probate court in the county in which your brother resided at the time of his death.