Dead men can take no guns

[zukiphile]

This depends entirely upon your state's laws. In Indiana, there is an order of succession if the dead person didn't leave a will, with the surviving spouse being at the top. Also, you don't have to go through probate if the estate is smaller than a certain dollar amount. I believe that amount is 50K here in Indiana. Your best bet would be to contact an attorney and find out what the laws of your state spell out.

Introducing oneself to an attorney before a problem arises is a great idea for anyone with a business. Few people are at their best when they are trying to grapple with a business problem, and doing it while interviewing with counsel isn't going to make it more pleasant.

Statutes of descent and distribution are common to states with a common law heritage, which I believe may be every state except Louisiana. Those statutes do not relieve anyone of probate court jurisdiction; they merely designate the order in which the court is to distribute the estate.

Statutes that relieve small estates from administration are also common. Somewhat counter to reasonable intuition, an order relieving an estate from administration is obtained from the same court that has probate jurisdiction.

In any event, someone in CedarGrove's position can rely on an order appointing a representative of the estate or relieving the estate from administration and directing to whom distribution is to be made.

 

[CedarGrove357]

Sage advice all around from everyone.

Not expecting "legal" advice, but when you're alone, just being able to bounce opinions and thoughts around can give some a sense of direction to progress.

I trust the sensibilities of the people on this forum and although we do joke and poke and have a good time, when its necessary to be a little more level headed we come together. Besides the points of view come from a much wider facet of life and experiences.

Thank you again for your input!