Legal Question in Wills and Trusts in Georgia

What is length of time to probate an estate in Georgia?

My mother passed away in Novemver 1997. Shortly before she died, she called me to say that she was taking my older brother and I out of the will and leaving everything to our youngest brother, who had moved in with her to help take care of her when my father passed away. I have recently learned by receiving court documents whereby a notice of order to repair, close and rehabilitate has been sent, that I am still listed as heir on the owner of record, as well as my older brother. So my question is, what is the length of time to probate an estate in Georgia? I have never seen the will, and presume my mother actually made those changes, but what if she didn't? What is the affect of the ownership of the property if the will hasn't been probated?


Asked on 11/10/04, 3:11 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: What is length of time to probate an estate in Georgia?

A will has to be offered for probate within five years from the latest date on which a petition is filed for 1) the appointment of a personal representative of the estate; 2) an order granting year's support from the estate; or 3) an order that no administration is necessary on the estate. I don't understand the rest of your question/posting. I would need more facts to understand it completely.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 11/11/04, 9:49 am


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