'I Want to Make Her Proud': My Mother, a Divorcée, Died and I'm Her Executor. Do I Need to File for Probate?

Dow Jones
09/29

'The only debts were utility and credit-card bills, which we will pay off'

"Her will was very clear regarding the disposition of her possessions, and we have already done that." (Photo subject is a model.)

Dear Quentin,

My mother, a divorcée, died and I am named executor of her will. I have one sister and we are on good terms regarding how everything should be divided.

The house was transfer-on-death, as was the car, her bank accounts have listed beneficiaries, and the $40,000 in her IRAs have beneficiaries.

Other assets include $3,000 in jewelry named in the will, $12,000 in life insurance with a beneficiary, and the contents of the house (no real value).

The only debts were utility and credit-card bills, which we will pay off. Her will was very clear regarding the disposition of her possessions, and we have already done that.

Do we still have to go through probate? Or can we simply use the transfer-on-death deeds for the house and car, and use the life insurance to pay for funeral costs?

I want to make her proud.

Daughter in Maine

Related: My husband and I are in our 50s and have no kids. We have $2 million in IRAs and 401(k)s. Do we really need a will?

You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually.

In Maine, smaller estates can often bypass probate if the total value of the estate's personal property is $40,000 or less.

Dear Daughter,

Finally, a letter where a family gets along. I knew it would happen one day! That day has arrived.

Your mother appears to have gone through her assets and ensured that she has named a beneficiary for almost all of them. She even made sure to itemize possessions in her will and distribute them to friends and/or family. She was, at least when it came to her estate, remarkably organized and responsible.

Under Maine law, this may qualify for the state's small-estate procedure, depending on the threshold and assets that are considered part of the estate. Maine allows certain estates to be settled using a small-estate affidavit rather than the full probate process. After waiting 30 days from the date of your mother's death, you can complete and notarize this affidavit.

This streamlined process allows estates like your mother's to be settled more quickly and at a fraction of the cost of traditional probate. As executor and person with the affidavit, you are responsible for making sure all outstanding debts are paid. You're already on the case. The small-estate procedure does not simply eliminate the need to deal with real estate, and you already have that sewn up.

If you are the beneficiary of your mother's life-insurance policy, the $12,000 will be paid directly to you rather than becoming part of her probate estate. You can use those proceeds to pay her funeral expenses. If you pay expenses yourself, keep the receipts in the likely event that you are entitled to reimbursement from the estate.

Related: 'We lived within our means': I earned $30,000 as a pastor and still retired comfortably. Why don't you tell people that?

Good relationships, good lawyers

Small-estate procedures and other ways of avoiding probate vary widely by state. The Laiderman Law Firm says avoiding probate is a common goal - and with good reason. "Probate can add costs, administrative burdens and stress for families during a period of grief. It also impacts privacy and can complicate asset management."

"Trusts are a common tool for bypassing probate, but states offer other options as well," it adds. "These vary widely, underscoring the importance of understanding local laws if probate avoidance is a priority. Even a single missed step can inadvertently trigger probate." It's always helpful to have a trust-and-estate attorney on speed dial.

Your close relationship with your sister will be a big advantage when sorting through your mother's estate. I recently received a letter from a man whose brother had refused to settle their parents' estate after 14 years, and declined to sell the family's lake house even though the letter writer never visited and was charged with paying for repairs and property taxes.

It's not enough to make a will; it must be in a place where it can be located. This reader, who, having settled his father's estate and sold off property so it could be donated to his father's favorite charities, discovered a long-lost will that expressed his father's wish that a mobile home (which was probably worth tens of thousands of dollars) would go to his stepson.

Godspeed bringing your mother's estate to a conclusion, and maintaining those enviably strong family ties.

Don't miss: I'm 77, pay rent and live off Social Security, but I help homeless people. Why are so many people going hungry?

Check out the Moneyist private Facebook group, where members help answer life's thorniest money issues. Post your questions, or weigh in on the latest Moneyist columns.

Previous columns by Quentin Fottrell:

I spend my time and money caring for my aging mother - yet she gave my brother $100,000. Should I pull back?

'I'm burned out': I'm constantly helping my cousin who is running out of money. Is it too much to expect his sister to help?

I settled my father's estate, but found a will deeding a mobile home to his stepson. Am I ethically and legally obliged to fix this?

By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms.

-Quentin Fottrell

 

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