Q: Is a Notice to Creditors needed for a small estate with no assets?
My brother in law passed away intestate in Michigan 2021, leaving 2 adult sons, no assets. There was never a need to open an estate.
My mother in law passed recently intestate in Georgia and has real estate, etc.
Before we can file for an estate for my mother in law, we have to open an estate for my brother in law so his heirs/sons can approve my wife as the Personal Rep for her mother's estate.
Since the brother in law's estate has no assets, do we have to publish a Notice to Creditors in the local Legal News?
A:
The short answer is 'yes' whenever you open an estate you have to do a LOT of things, including publishing.
The longer answer is -- there are a lot of things that are required, starting with determining whether or not a probate estate is REALLY necessary. How do you come to the conclusion that Georgia law requires an appointment of a PR for your brother's estate. If he predeceased your mother, MOST states don't require his probate, but his share of your mother's estate would fail, and pass automatically to someone else, be that his children or someone else.
Consult with a GEORGIA attorney about this. Get that understanding first.
It seems like you're about to do something that is both expensive and unnecessary if there are no assets that need probate on your brother's estate.
DO NOT TRY to do this yourself! You need guidance both from someone local in Michigan where your brother lived, and someone in Georgia where your mother was.
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