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The decision of whether to file a probate action in court will oftentimes depend on the assets and debts of the estate. If there is any real estate in the estate, you should definitely talk to an attorney about filing. People frequently assume the title to real estate transfers automatically, but that is not the case. If you ignore that issue, there will come a time when you or your family members will have to deal with this issue. The longer you wait, the harder it is to resolve.