Q: When do I probate my Mother's Will?
A:
Not to put too fine a point on it, but 'after she has passed away'.
Seriously, as soon as possible after passing is the 'correct' answer, but there ARE wills that YOU may not need to
Probate (for example, if there are more debts than assets, it makes sense to let the debtors fight over the scraps,
or if there is a Trust that completely disposes of property there is no need to probate a will.
The only way to know 'for sure' what YOU should do is to consult with a local attorney who can look at all the information
and the will, and make a determination of what makes sense for you. Don't be afraid to do this, the initial consultation
is inexpensive or free, and at that point you can get some real advice as to what to do next.
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
Jack T. Carney agrees with this answer
A: Typically we advise clients to probate a Will if there is a need to do so. For example, if there are any assets in your mother's name that you cannot access, it is likely that you would need to offer the Will for probate in order to get Letters Testamentary. These Letters give you the authority to access assets. Hope this helps.
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