Must an estate go through probate?

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Must an estate go through probate?

My dad passed away 14 years ago and my mom passed away last week. I am the executive. I have 4 sisters and we all decided that I get my mom’s house. There are hardly any bills involved, none that we can’t pay ourselves. Do I still have to go through probate or can I go down and have the house, car, etc. put into my name no problems?

Asked on September 30, 2012 under Estate Planning, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will need to determine with the court if the estate is a minimum amount that doesn't require probate. If you all pitch in the money to pay the creditors, then the creditors won't have reason to claim probate! Also make sure you close those accounts with proof of death certificate. As to the house, if there is a will, check the will. Your siblings may need to quit claim property to you. 


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