Legal Question in Wills and Trusts in Georgia
Do I file and probate a will after my mothers dealth?
Mother passed away 10 days ago and left a will with specific instructions on how she wants us to handle her estate. Do we have to file the will with the state? And is it necessary to probate a will when the estate is only $200,000? My brother has been named in the will as exectutor.
2 Answers from Attorneys
Re: Do I file and probate a will after my mothers dealth?
In any case involving a will, you should consult with a local attorney who can review the will and the entire situation.
Re: Do I file and probate a will after my mothers dealth?
You must file a will with the Probate Court when someone dies. You don't have to petition the court to probate that will.
You should seek the advice of an attorney regarding whether you should petition to probate the will.
If the "estate" assets are really worth $200k, one would think probate is necessary to get those "estate" assets to the beneficiaries to whom the decedent left them in the will.
You really do need to obtain advice from an attorney on this one.
I detect that you may be worried about "probate" costs. Here in Georgia, don't worry. The fees payable to the Probate Court will be less than $200.
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