to probate or not to probate

[Drenee]

What is the name of your state? PA

My Aunt died. No kids, not married. Didn't own house. No bank accounts. Only item in her name is her car which she left to sister in will. Since there is no money in the estate (just small household items that we will sale to finish paying funeral bill), (all brothers and sisters agreed the car shouldn't be sold) They all owned the house my aunt lived in and agreed to pay funeral expense with profit from sale of house. QUestion is...since there basically is no estate, should we not probate the will? If we do, can we do it without an attorney to save money? Spoke with local probate department and they said "why probate".... The executor to the will demands probate....Does she even have a say if will isn't probated!

Any suggestions??

 

[Dandy Don]

What is the value of the car? Find out from the Motor Vehicles Department what is needed to be done in this matter.

Probate is required simply to dispose of the car properly, but it is possible that the funeral claims could take priority and thus if the car was sold it might not be left to sister. You need to be talking to a local attorney about this to get it sorted out properly, since a Pennsylvania attorney is not likely to be reading this message board, or post to www.lawguru.com.

DANDY DON IN OKLAHOMA ([email protected])