Summary Administration?

[ombuds]

What is the name of your state (only U.S. law)? Georgia

I live in Georgia. My mom passed away here in Georgia (rented a room at an Assisted Living Center). Her will was drafted in Florida. Since she did not have any real property, her lawyer in Florida said we do not have to go through Probate.

However, for some of her bank accounts/insurance, she did not list the kids as beneficiaries (Father has passed). Some of these businesses are asking for a Letter of Testament (or similar) such as to set up an Estate checking account. Some have said we need to get a lawyer and go through Summary Administration. One lawyer,who does not practice in this field, said he thought we could go ourselves to the Clerk's office of the Probate Court and sign a 4 page form and have my brother and sisters sign that they will not contest the administration. I am listed in her will as a co-trustee and we plan to split all funds equally.

Do we need an attorney and go through Summary Administration or can we do it ourselves?

 

[anteater]

Are you saying that the life insurance has no surviving beneficiaries and the proceeds will become part of the probate estate?

What is the value of the bank accounts? And the life insurance proceeds, if there are no surviving beneficiaries?

Where her will was drafted and executed is irrelevant. Her estate has to be handled in the state in which she was domiciled at the time she passed away. It appears that is Georgia. And my memory is that Georgia has very, very low asset limits when it comes to small estate administration options. ("Summary administration" is a Florida process.)

I suggest that you consult with a Georgia probate attorney.