Legal Question in Wills and Trusts in Georgia

You do not indicate where your father lived at the time of his death. It matters as different states have different laws. I will assume he lived in Georgia.

You do not indicate if your father was married and had a living spouse at the time of his death. Nor do you indicate what assets he had or how they were titled or if there were probate or non-probate assets. All of this makes a difference.

Assuming that there was no living spouse and your father had some probate assets, then an estate would need probated for him. A personal representative would petition for probate and administer the estate. The personal representative would pay off any just debts and distribute what is left to the heirs (children). If there is a spouse, then she would request a yearly allowance and split any other net probate assets with the children.

If there are no probate assets and just debts, I would recommend writing a letter, sent via certified mail, indicating that your father died, that he had the account or debt with creditor, that he had no probate assets, that you are not liable for the debts (unless you agreed to be liable in writing which I hope you did not), that father died (attach a copy of death certificate) and that no estate will be probated.

I really suggest that you sit down with a probate attorney who practices in the county/state where your father lived at the time of his death and pay the attorney to review the circumstances and advise you as to whether probate is necessary.

Examples of things that are non-probate assets are joint bank accounts, land jointly owned with right of survivorship, IRA/annuities/retirement or life insurance. Anything solely owned by your father would be a probate asset. If the latter, then there will have to be probate. Heirs do not get anything until the debts of the estate are paid. If there is not enough money to pay debts, then the debts have to be paid in a particular order. The personal representative for the estate is always free to compromise (i.e. settle or negotiate). That is why you really need to see a probate attorney to see what you have and help if need be.