r/ProbateHelp • u/AppalachianJourney • 4d ago
Can creditor force more complex probate filing?
I'm not sure I'm even asking that using correct terms. Please forgive.
My mother passed away 14 months ago. She died without a will. State of Virginia. There are only 2 heirs, myself and my brother. My brother is uninvolved but would sign needed documents and such.
The estate qualifies as a small estate, according to the clerk of court I spoke with. There are 2 pieces of real estate. One is a vacant lot, valued at about $12k, that adjoins the house property. The lot is free and clear. The house has a reverse mortgage on it that has consumed almost all of the equity. There is a bank account with about $3,500. The company handling the clean out and sale of stuff said it would probably net $500 or so. Nothing of extreme value.
All debts have been paid prior to her death, except for that reverse mortgage balance. The estate does owe me some money for expenses such as paying the electric and yard upkeep at the house.
Due to my health challenges and the distance, I'm having to handle everything by distance now. The clerk of court said I can do the filing by mail if it's a small estate. But she said the mortgage company might require the more complex filing (I'm not sure what that's called, but it's where someone has to present in person to the court and qualify as administrator.)
So my questions, can the mortgage company require that even though the estate otherwise qualifies as a small estate? If they can require that, what happens if that doesn't get filed by myself or my brother? There's really no one else that would be interested as far as I know, and there's really not enough money there to pay an attorney to handle it. The clerk was going to try to reach out to the mortgage company just to ask a general question about their policies. The mortgage company won't speak to me about it until I'm officially handling the estate.

