Legal Question in Wills and Trusts in Georgia
My parents owned their house. When my mother died and her will was probated, the estate was split equally between my dad, sister, and myself. My dad has since died. Are we still required to have his will probated which states his assets are to be divided equally between me and my sister or can we just have his name removed from the estate deed with his death certificate?
2 Answers from Attorneys
Deeds are not changed with death certificates. When someone dies, their property is distributed by probate. Before you complicate things, see a lawyer, as there are several different routes to the same end result in probate court. (And the wording of the estate deed, if you had a good lawyer, may have created a shortcut that does bypass probate).
As recommnded by Attorney Ashman, you need to see a probate lawyer if you don't have one already for your mother's estate. You also don't indicate when exactly either of your parents died or whether probate of your mother's estate is still pending or has been completed. Without looking at your parent's wills or knowing any of the circumstances, its impossible to advise you.
Generally though, you need to probate an estate for your father regardless of what the deed says unless your father had no assets and no bills. A deed has nothing to do with probate.
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