Q: My father passed with no will. Three adult children agree that mom should have everything. Is probate necessary?
House with small mortgage and bank account in his name only. Investment account, pensions and two small debts. Does she need letter of administration or is this all considered marital property? Or just year of support form filed with court? Dekalb County, Georgia.
A: You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to probate if they were held with joint tenants with right of survivorship, have beneficiary designations, or are payable on death. Schedule a free consultation to make sure your mother gets everything as planned.
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