I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
Does she have any unpaid bills? Does she have personal items like clothes, furniture, etc?
You didn't mention your state.
DISTRIBUTE THE ASSETS AS THE WILL SAYS?
Generally it is necessary to go through probate or, in the case of smaller estates, a less formal procedure that is still under the general supervision of the probate court, before the deceased's property can be legally distributed.
Even if a person dies with a Will (which is known as dying "testate"), a court generally has to have an opportunity to allow others to object to the Will, and if there are any objections, to determine if the Will is valid, because it is always possible that
there was a later Will (which, if valid, would replace the older Will), or
the Will was made at a time the deceased was not mentally competent to make a Will, or
the Will was the result of fraud, mistake or "undue influence" or
the Will was not properly "executed", or
the so-called Will is actually a forgery, or
for some other reason (such as a pre-existing contract) the Will is not fully valid, or
there are other claims against the deceased's estate that impact what the beneficiaries under the Will would receive.
For example, if the deceased owned real estate in his own name, no knowledgeable outside person would accept title to the property, and no bank would lend a new buyer mortgage money on it, unless the estate went through probate so "clear title" could be given the new buyer. Similarly, few outsiders would enter into any other transactions involving the deceased's property before the Will is "admitted to probate" and/or someone is lawfully appointed to act for the estate.
WHAT IS PROBATE?
Probate is the process by which legal title of property is transferred from the decedent's estate to his/her beneficiaries. Since you can't take it with you, the court determines who gets it.
If a person dies with a Will ("testate"), the probate court determines if the Will is valid, hears any objections to the Will, orders that creditors be paid and supervises the process to assure that property remaining is distributed in accordance with the terms and conditions of the Will.
If a person dies without a Will ("intestate"), the probate court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The major difference between dying testate and dying intestate is that an intestate estate is distributed to beneficiaries in accordance with the distribution plan established by state law; a testate estate (after payment of debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent in his/her Will.
The cost of probate is either set by state law or by practice and custom in your community. The typical cost to probate an estate is in the range of 3% to 7% of the total estate value.
