Q: GA - My husband's sister died. She did not have a husband nor children. She had a will. Her niece said she is over
the estate. She has not taken the will to Probate yet and has not been appointed by the court. Isn't this the first step to do for her to be able to handle the estate. She died 10/7/17.
A: The person named in the Will as executor must file a petition to probate the will in the Probate Court in the county in which the decedent died. Until the Probate Court has admitted the Will to probate and granted Letters Testamentary to the executor, the person named as executor in the Will would not have authority to act in such capacity. It would be prudent for the person named in the will as executor to consult with a probate attorney.
A: No one is "over" an estate until appointed by the probate court. That said, if there is a will, it should be given to the probate court as soon as is reasonable. The will should appoint someone to be the executor and the court will appoint that person to be over the estate. If there is no will, the next of kin should file to be appointed administrator. The next of kin in your situation would be the aunt's parents. If the parents are deceased, it would be one of her siblings.
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