Question about probate for person with a will

[CQB Elite]

Wanted to ask a question. My Mother-in-Law moved to TN from FL about 3 years ago. She passed away last week. She had a will but my question is if her estate must go thru probate. If it does do we need an attorney?

I'm not looking for free legal advice, just wanted to see if anyone has gone thru this and can point me in the right direction.

[vaiger]

I am sorry for the loss of your mother in law.   I pray God's peace and healing for your family.    Typically a will would control assets that do not pass by title or contract.  For example, POD or TOD bank accounts, IRAs or annuities with beneficiary designations, life insurance policies with beneficiary designations, etc. would pass to the heirs under the TOD or beneficiary designation instead of passing through probate.  Likewise, accounts with a survivorship provision would normally pass outside of probate.   Assets that do not pass to the heirs via a beneficiary designation, survivorship feature, or TOD designation are normally controlled by the will and go through probate.

 

Normally, you go to probate, the will is admitted and letters testamentary are issued to the executor.   The letters allow the executor to prove that he or she has the right to conduct business on behalf of the estate (close bank accounts, sell investments, sell real estate, etc.).  So, depending on the assets in the estate and how the accounts were titled, you may or may not need to go through probate.   If all assets were joint accounts with a right of survivorwhip, TOD accounts or accounts with a beneficary designation, you might be able to avoid probate.  More often though, you will need to go through probate.

 

The good news is that probate is not a terribly exensive and painful proposition as it is in CA, NY and several other states.   I don't have any advice for the do it yourself route.  I suppose you could call the court and inquire about that.   More often, I see folks that hire an attorney to represent them through that process.

[Poor_Dog]

I am going through probate now with my father's estate. AFAIK Vaiger is correct in everything he said. In my case, basically everything that wasn't joint or TOD is going through probate, aside from household items. Titled vehicles, property, all are included in probate, even with a valid Will. I've been told to expect to have it settled in six months, with one year after it's opened for any unforeseen debtors popping up.

 

Our attorney is charging 2500 to 3000 for fees, but the Estate is small and totally without encumbrances.