The requirement of probate depends upon the value of her personal property of the estate and the debts that your father owed at death. For example, if the tools and the car combined are valued at less than $50,000, you may be able to recover the bank account without qualifying as administrator. The Small Estate provisions under Virginia law permit you and your sister to file an Affidavit with Department of Motor Vehicles (DMV) and title to the car. If your father’s home does not need to be sold to pay debts, then an administrator is not required to transfer title to the home to you and your brother.