Answers to legal questions

posed by the general public to Memphis Attorney Christina Burdette

Q: "My mom passed away leaving a will,...

but she had no estate. I was told at the local courthouse there was no need to enter probate,they did not even want to file the will. Is there anything else I need to do other than contact her debtors?"

A: Everyone has an estate,...

but not everyone's estate has to be administered through the probate court. Did an attorney tell you that there was no need to admit your mother's will to probate? If so, why? If you are named as executor in your mother's will and your mother had probatable assets, then the will should be admitted to probate and you should be appointed as executor of the estate. Admitting a will to probate involves more than "filing" the will. A judge will have to validate the will and appoint you as executor. Only then will you have the legal authority to act on your mother's behalf or on behalf of her estate. If your mother owned real estate and nothing else at the time of her death you may be able to admit her will to probate as a muniment of title. If your mother owned no real estate and no personal property at the time of her death, then probate may be unnecessary. You really need to consult an attorney.