If my grandma just passed and left everything in the Will to me and the estate is small, do I have to file for probate?

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If my grandma just passed and left everything in the Will to me and the estate is small, do I have to file for probate?

The house will only sell for about $160,000. My cousion’s name is on the house bu she provided me a quit claim deed before my grandma passed. I just don’t know what my next steps are.

Asked on April 24, 2013 under Estate Planning, Utah

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to find out from the court if it has an estate minimum to allow for probate to be opened. If it does, and there are items that need to be probated, you must file probate. If, however, the house has been in your name since before your grandma's death, then there is no issue unless there is a mortgage note that would need to be addressed. Same applies to bank accounts and the like. If you are named as a beneficiary, then you don't need to probate those.


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