Liquidating a company with no assets do you need probate - How to Liquidate a Closing Business's Assets

Acting as executor of an estate also called "personal representative" in some states doesn't have to be an overwhelming task if you're organized. As the chief administrator, so...

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For a larger estate, probate may be a better option. If it does, the probate court will legally confirm your appointment as executor with what are called letters testamentary sometimes called surrogate certificates. Without the cash to pay, probate is not a good option to you.

You will be left with few options. It can take just as long for you to personally verify and repay all debts as it would take the court. The executor's natural inclination is to "make everyone happy and distribute the assets," says Jones.

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You are not named on the debts, and the credit of the decedent will have no impact on you. These are certified documents that prove you have the legal authority to act on behalf of the estate to begin the process of paying bills, filing tax returns, managing and distributing assets, dealing with beneficiaries, and opening or closing bank accounts.

Instead, you would have to liquidate each asset yourself, collecting the cash earned and repaying creditors personally. You may want to consult an attorney to learn if the creditors could attempt to contact you in any way and what rights you have if they do.

Sending the Estate accounts to the Personal Representatives such as the Executor in the Will for approval.

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14 thoughts on “Liquidating a company with no assets do you need probate

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