No Will What to do?

[james3302]

Me and my father went over a will and we decided on what would be done(along with my brother over there), but he did not have anyone witness it, or sign it. He passed away and we have no clue what to do. Someone said the "state" will give everything out, but we have pretty much decided what should be done with it(everything sold and money split). The car will be paid off once we send in a death certificate, but the title will come in as belonging to my father so how would we go about getting it sold? Same thing for the house that we are going to sell. Does one of us need to the power of attorney over him so we can sign his name?

 

[lwpat]

One of you will have to go to probate court and start probate and someone will have to be the personal representative. The PR can sign everything and after the bills are paid everything will be split in accordance with state law. The court can give you a copy.

 

[james3302]

Cost?

Would that cost anything? What about inheritance tax on the house?

 

[lwpat]

THere will be no federal tax since it is under the limit but I don't know about the state. Regardless someone has to file in order to transfer the house and to fill out the final tax returns.

 

[james3302]

talked to a Judge

And got Petition of non-something(cannot remember now) but we have to list everything and say who it will be titled to. Everything has to be paid off for it work. Then we can sell whatever we want and in the state of GA it's $130 to file it.

 

[james3302]

I know

petition of non administration. thats what it was called.

 

[seniorjudge]

petition of non administration. thats what it was called.

Those are generally done in small estates; it cuts down on the paperwork.