How I Avoided Probate
(and settled estate in 4 months)
I was executor of my sister's estate. The steps below will help you in putting things in order for your loved ones estate (or your own). These forms are for the State of Minnesota, but you can google your states forms on your states website. Most banks, government centers, and hospitals supply Notary Publics, which will be a legal witness to the forms. There is no fee for this. Please don't hesitate to email me with any questions you may have. ([email protected])
Be sure they have a beneficiary listed on IRAs, Life Insurance, Pension, Stock, Bonds...
TOD = Transfer on Death (for Houses, Real Estate, Vehicles. Not all states allow TODs for Real Estate)
POD = Payable on Death (for Bank Accounts). Or they can make you joint on their account or do both a POD and joint account.
IMPORTANT: If a document needs to be notarized, wait to sign and date it in front of notary.
TOD = Transfer on Death (for Houses, Real Estate, Vehicles. Not all states allow TODs for Real Estate)
POD = Payable on Death (for Bank Accounts). Or they can make you joint on their account or do both a POD and joint account.
IMPORTANT: If a document needs to be notarized, wait to sign and date it in front of notary.
This must be done before their death.
Go to the Government Center in the county where the house is located.
After death, go back in and transfer deed to you. They will instruct you as you will need a certified copy of the death certificate also.
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This must be done before their death.
Go to a DMV (Dept. of Motor Vehicles) or DVS (Driver/Vehicle Services Office).
I would bring in these instructions for a helping tool.
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Here is a self-proving will I drafted. My lawyer looked it over and said it's good. A self-proving will uses 2 witnesses and that will avoid probate.
Most banks have their own form.
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After death:
PAY: All medical bills, utility bills (garbage, water, electric), phone/cell phone bills, rent, mortgage, credit card bills, subscriptions. Businesses have up to one year to acquire payment for medical bills.
CALL: Employer, Social Security, Medicare, Veterans Affairs, Car Insurance, Health/Life Insurance Policies, Credit Cards (you can't legally use them after their death), Subscriptions, Close any Social Media Accounts, Close Email Accounts, Close Website Accounts, Cancel Drivers License, Local Election Board to remove name.
PURCHASE: 5-6 certified copies of the death certificate at your local government center.
PAY: All medical bills, utility bills (garbage, water, electric), phone/cell phone bills, rent, mortgage, credit card bills, subscriptions. Businesses have up to one year to acquire payment for medical bills.
CALL: Employer, Social Security, Medicare, Veterans Affairs, Car Insurance, Health/Life Insurance Policies, Credit Cards (you can't legally use them after their death), Subscriptions, Close any Social Media Accounts, Close Email Accounts, Close Website Accounts, Cancel Drivers License, Local Election Board to remove name.
PURCHASE: 5-6 certified copies of the death certificate at your local government center.
LEGALESE • le·gal·ese • /lēɡəˈlēz/ • noun • the formal and technical language of legal documents that is often hard to understand
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Under no circumstances shall I have any liability to you for any loss or damage of any kind incurred as a result of the use of this information on this page. Your use of this site and mobile site and your reliance on any information on this site and mobile site is solely at your own risk.