Legal Question in Wills and Trusts in Georgia

No. An IRA is a non-probate asset provided that you are the designated beneficiary. Whether you should take a a payout or not is another issue. If this is an IRA, have any taxes been paid by the deceased? If not, then if you take money out then you will be taxed. I don't know what tax bracket you are in or any other details. You can have this sum rolled over into your own IRA and delay the tax. Before you start taking an money, you need to discuss this with your CPA or a certified financial planner..