What form do i file in probate to get my fathers money from the bank

Probate is needed *(since property ownership is involved), so you can't avoid that but you may be able to do it yourself since this appears to be a simple, smaller estate. Go to the county courthouse probate court and ask for the form to file to open up probate and ask if they have a special form for smaller, simplified estates. It you can't understand the form or the process you will need to at least talk to an attorney for an initial consultation, which will be very inexpensive. tiekh@yahoo.com Probate Researcher

This should qualify for a procedure called "Disposition of Personal Property Without Administration". Here's a link to the form for Manatee County:

http://www.clerkofcourts.com/ClerkServices/FormsFees/Disposition%20of%20Personal%20Property%20without%20Administration.doc

You should file in the county where your father lived when he passed away. You'll have to provide:
- a death certificate
- a copy of the funeral bill and proof of payment
-medical bills from the final 60 days and proof of payment
- the will if it has not been filed.

You only need the medical bills If the funeral bill was less than the amount in the checking account. Essentially the law makes it easy for someone who wants assets that have enough value to cover the funderal bill, applying any extra to the final medical bills.

If the will has not been filed with the court, you'll need that as well.

The filing fee will be $116.00. They'll send you an order that tells the bank who to make the check out to. It is important that everything is prepared correctly so you don't have to go back to the courthouse.

I hope this helps.

Because it appears that there is real property involved, it would appear that you will be required to Probate this estate to transfer the ownership in the real property. If the property was Homestead property, you could qualify for a summary administration, which would be a quicker and less expensive proceeding. As for the heirs of the Estate, since your father did not have a Will, you would need to follow the intestate statutes which will provide who the beneficiaries of the Estate will be. Since he passed away three years ago, you would be protected against creditor claims, which also would allow the Probate to move more efficiently.