Q: My grandmother passed without a will, but left my mother as the guarantor on her checking. Will it still go to probate?
A: Being a guarantor does not give your mother access to the funds. If the account were "pay on death" or "joint with right of survivorship," the funds would be hers on presentation of the death certificate. If the account were "joint," half would be hers and half would belong to your grandmother's estate and be distributed in accordance with a judge's Order Approving Affidavit of Small Estate or Judgement Determining Heirship.
Without a Will, there cannot be a “will probate” but it is probably necessary to do an interstate (Ie, no Will) administration or some other procedure to declare heirship, etc.
Depends on what assets she had when she passed. Also depends on whether she contractually passed funds to an heir by bank Acct or life insurance, etc.
I suggest your Mother call me or some attorney to see whether legal assistance is needed.
John Wesley Urquhart agrees with this answer
A: Your mom needs to consult with a probate attorney to see what needs to be done with your grandmother's estate. As the other attorneys stated it may be necessary to initiate some type of action; however, until all the facts are reviewed it is difficult to state what action must be taken. It's best to discuss in private.
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