Do I have to put my father’s estate through probate?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have to put my father’s estate through probate?

I am the executor of my father’s estate, per the terms of his Will. He has a small bank account about $2000 and a life insurance policy. He had no other property. The bank account and insurance is literally all there is. From what I have found, the life insurance policy is not considered part of the estate so the only thing to be settled is the bank account, which will probably be gone by the time we pay his final hospital expenses. Do I have to go through the probate?

process for this.

Asked on June 14, 2018 under Estate Planning, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, you are correct about the life insurance proceeds not being part of the estate. As for the bank account, there is something known  as "smll estate" procedure. It is faster and cheaper than a more formal probate. Here is a link to a site that will explain further:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption