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Question. My mom passed last week. She less than 1M in the bank. Owes nothing to anybody as far as I know, but I know the court has to do a search to ensure bill collectors get their money.

Anyhow, my father has all the paperwork that my mother had. They are divorced. He wants to help. I believe he's trustworthy, doesn't want to pay an attorney if we don't have to but he asked a friend who is an attorney about the process and here was her answer.

If we start the process now, it's going to take longer than if we start the process after April 1st because of a new probate law. It's better to wait till April 1st and file with the new paperwork.

Is this true?

Thanks in advance.

 
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New probate code

You can check with the probate court, but my understanding is that the new UPC applies only to deaths that occur on or after the effective date, currently set at March 31, 2012.  Especially with intestate decedents, the distribution of the estate may be different under the new Uniform Probate Code.   Let me know if you find a different answer.

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