Do I need to have my mother's will probated?

Question

My sister and I are co-executors and we were with our mother when she had her will drawn up. We think we remember the attorney stating that he was wording the will so that we would not have to go through probate, but he is no longer practicing and we are unable to reach him. Article 7 states: "During the period of administration thereof, my estate shall be considered a trust within the meaning of the said Uniform Trustees Powers Act. My executor and my trustee, respectively, shall have all of the powers afforded to trustees in and by the terms and provisions of said statute, as now or hereafter amended."

Jim Johnson · Accepted Answer

You need to schedule an appointment with an EXPERIENCED probate attorney. At the meeting, bring the Will with you and be prepared to discuss with him/her intelligently everything your mother owned, including bank accounts, and whether any of them were jointly owned. Additionally, look for any documentation on any retirement or investment accounts to see if you can determine whether same had a payable on death beneficiary designation. Likewise, if you can find her car titles and deeds to land/home take them with you.