Must a small estate be probated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must a small estate be probated?
My mom recently passed and had a Will. She didn’t own any property personal or otherwise. She only had a bank account that is in both of our names. In the Will, she requested that I be the executrix of her estate and that everything should be divided equally among her 3 children. Would I need to file this Will with the courts or can I just divide the money equally between the 3 of us?
Asked on September 8, 2014 under Estate Planning, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss. The general rule is that you do not have to probate a Will unless it has been filed with the court. It sounds as if your Mother's Will divides her estate the same way that intestate succession statutes would: equally amongst her heirs. I would just speak with some one on your end about taxes on the money since it was in an account jointly held by the two of you. That will have a bearing on things. 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.