If my mom died with assets, can I skip probate?

UPDATED: Sep 24, 2014

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If my mom died with assets, can I skip probate?

My mom died recently without a Will and the only asset she had was approximately $4,000 in a bank account and her home. She had no debts other than the home. If I do not want to take over the home, can I avoid probate and just let the bank have it? If they can have the $4,000, will that be the end of it? Also, how long will it take for the bank to take it over? I still live in the house.

Asked on September 24, 2014 under Estate Planning, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may be able to save the home and keep it for yourself but you should consult with an attorney. If she owed a lot of money and let's say the home was upside in terms of debt to fair market value, you might wish to consider calling the servicer and seeing if they need you to be the court appointed administrator or if they simply need a death certificate. 

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