Q: what happens if we dont put my dads estate in probate
never makes it to probate
A:
It depends on the value and type of property and debts your Dad had when he died. If he had anything valuable it may be difficult to sell anything he owned that has a title. If he owned any real estate most people will not buy it unless you go through probate.
The reason for the above is that one of the main purposes of probate is to use the deceased person's property to pay his debts. You have to use his property to pay his debts (by selling it and using the money to pay the debts). If someone buys a titled car or real estate that was in your Dad's name it make be taken away from them if the estate was not probated.
If your Dad didn't have a car or real estate titled in his name, it may not be necessary to probate his estate if all of his heirs agree on how to divide up what he did have.
The above is an oversimplification and cannot be used as advice or even a guide. I spelled out a few things for the purpose of illustrating that its an impossible question to answer without a whole lot of additional information. What you really should do is consult a lawyer.
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