Is probate necessary?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is probate necessary?
There are 2 heirs, a brother and sister. If an agreement can be reached as to division of property, and creditors satisfied is it necessary to go through probate? No Will was found at this point, sister is acting as if she is executor, however none has been appointed. She has taken possession of vehicle, filed taxes with refunds assigned to herself. There are personal possessions, bank account, vehicle, some valuables. No real estate property.
Asked on February 28, 2018 under Estate Planning, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I am so sorry for your loss. While the agreement made between you all to divode and dispose of the property would be sanctioned by the Court - they would rather you all cooperate and agree rather than decide for you - you will need to have someone appointed as Personal Representative to transfer the assets that require a title and likely to take possession of the bank account. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.