Is probate required?

[netscore]

What is the name of your state?What is the name of your state? Minnesota

My parents died within two months of each other. Before their death, one of my sisters had check-writing privileges for their bank account, and I was named co-executor of the will along with another sister. My sister who managed the checking account has been paying bills since my parents death, but when I attempted to have her deposit a life insurance check that came in my Dad's name, I was told that the account was frozen and that we would need to go into probabe before there could be any more activity against the account. Apparently some line of text was missing from the will that would give the executor the authority to manage the checking account? The estate is small and only includes the checking account and the title on a mobile home which must be signed over to someone else. Do we really need to enter probate? Why can't the executor manage the checking account and sign over the title?

 

[anteater]

......I was named co-executor of the will along with another sister...... I was told that the account was frozen and that we would need to go into probabe before there could be any more activity against the account. Apparently some line of text was missing from the will that would give the executor the authority to manage the checking account?

The quick and dirty answer is that, until the probate court appoints you and/or your sister as the personal representatives of the estate, you do not have the authority to do anything. And that "text... missing from the will" means nothing. A will nominates an executor/personal representative. The probate court appoints the executor/personal representative and gives him/her the legal authorization to manage the estate.