Is probate necessary?

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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 3 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.


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