Question: I have a sister who died without a will. I am her only living relative. What happens to her house and bank accounts? Do I have to go to probate court to get it or does it all just pass automatically to me?
Response: Although you did not specify which state you are in, the general rule is that estates still have to pass through probate even if there is no will. There are several reasons for this. First, probate provides an opportunity for the assessment of inheritance taxes on property. Second, probate allows creditors with a potential claim to the estate the opportunity to come forward and make any claims.
If there are no creditors with claims on the estate and no other heirs, the probate process may be relatively quick. However, hiring a probate attorney still may be wise to ensue that the probate process, as well as the taxes and actual transfer of the estate, are handled in compliance with the law.
Answered by Christy Rakoczy
Disclaimer: This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
