My dad had a will made up back in 1990. He has since been deceased. My mom was left with everything as it should be. She is now deceased. My sister was named executor back in 1990. I found out through my dad's attorney that my sister has no plans of going through probate. What does this mean? I have no idea what her wishes may have been?
Anyone can ask the court to appoint that person to handle a decedent's estate. That anyone can be your mother's neighbor, creditor, some stranger, or you. The statutes provide an order in which the various persons wanting to be appointed should be appointed.
You are very high on that list as you are your mother's child. So, if your sister, the person named to handle the estate, does not want to be involved, you likely will be appointed if you ask the court (unless you have a statutory basis disallowing you to be appointed).
"my dad's attorney that my sister has no plans of going through probate." That can mean many things. One, your sister has no interest in handling your mother's estate. Two, your mother's estate does not have to go through the court system if she owns no real estate and her estate is solvent with less than $100,000. Three, your mother owes more than she owns so there is no sense in incurring costs in probate. There may be other scenarios.
What you can do is review the specific facts with your own attorney. If you want the job, you can also ask the court to appoint you to handle your mother's estate.
Whether it makes sense to open a probate often depends upon the nature and extent of the assets. If there is real property, it usually makes sense to probate unless there is a Deed providing for Transfer on Death (which is a recent option in Washington - July, 2014). Without real property, it is possible that all of your mother accounts, insurance policies, retirement benefits, annuities, etc. were all subject to specific beneficiary designations. If so, the funds go directly to the person(s) named, and probate is not an option. I would: (a) draft a letter to your sister; (b) requesting a copy of the Will; and (c) requesting a list of the known assets. Send it by certified mail, email, regular mail, smoke signal, fax, and, if you see your sister often, give it to her! In other words, send by all means possible, and best means is the one in which you can track delivery and receipt. Wait 30 days, and if no response, but you have reason to believe your mother left assets that are appropriate for probate, open a probate and request to be appointed the personal representative.
Mr. Nguyen and Ms. Young gave you good answers. It sounds like your mother did not have a Will? The main point I would emphasize is that your sister may have very good reasons not to open a probate. If there is no real estate and the total value of assets is less than $100,000, a probate is often a waste of money. To figure out whether to open a probate, you would need to let an attorney know all the assets your parents had and all the possible debts they had that you know of. If you are concerned that your sister might be trying to take something for herself that should go to you, then it's probably a good idea for you to consult with an attorney, even for an hour or two, to get a good understanding of your options.
