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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 75 • 12 months after the death. 40.2. Unprobated Estate If an estate remains unprobated beyond 12 months, the inheritance must be evaluated to determine if it is a resource. An ownership interest in an unprobated estate may be a resource if an individual: • Is an heir or relative of the deceased; or • Receives any income from the property; or • Under State intestacy laws, has acquired rights in the property due to the death of the deceased. 40.3. Ownership Interest There is an ownership interest in an unprobated estate if: • Documents (e.g., a will or court records) indicate an individual is an heir to property of a deceased; or • An individual has use of a deceased's property or receives income from it; or • Documents establish, or the individual alleges, a relationship between himself and the deceased which, under state intestacy laws, awards the individual a share in the distribution of the deceased's property; and • The inheritance, use of income, and distributions are uncontested. 40.4. Status as a Resource • If the individual is the sole owner or if other owners give needed consent to sell, the property is the individual's resource. Evaluate the type of ownership to determine if a co-owner’s consent is required to sell. See Ownership Chapter E - 6. o An inheritance is evaluated as a resource in the month following the month in which it meets the definition of income. See Inheritances Chapter I – 36 • If other owners withhold consent and that consent is necessary to sell, the property is not a resource until the estate has been through probate.