Acworth, GA asked in Estate Planning and Probate for Michigan

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?

Related Topics:
1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.