Legal Question in Wills and Trusts in Georgia

Probate a will

My aunt passed away and left me and another neice as co-executors. She lived in Fulton County Georgia. Can we probate the will ourselves or do we need an attorney. Another question is she did not specify what to do with the contents of her home such as furniture. Do we dicide how to divide the furniture? She had a few things she mentioned in her will as to who should receive them. And she mentioned her clothes. Thank you for any help you can give.


Asked on 2/07/07, 9:31 am

3 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Probate a will

You may want to consider hiring an attorney to handle the probate for you, especially if you live in a different county than your aunt did. The cost of that assistance will vary depending on many factors. Please feel free to contact me in the event that you require assistance in the greater metro Atlanta area.

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Answered on 2/07/07, 9:44 am
Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: Probate a will

I can't advise as to Ga law, but in Alabama most probate court are very helpful in assisting with lay person proceedings, but that would only be advisable if ALL the family members are in agreement and no squabbles are anticipated. I suggest you contact the local Fulton County probate office and inquire.

If you need a local attorney, they should be happy to provide you with a couple of competent local attorneys who regularly practice before that court.

As far as the personal items not mentioned in your aunt's Will, as long as there is a residuary clause (I leave all the rest, remainder and residuary of my estate to so and so), that provision determines who gets such items. If the draftsman failed to include such language in the Will, then Ga law will determine the recipients of those items and it is typically the next of kin.

Since you are inquiring about your Aunt's estate, I am assuming that she had or left no children or other lineal descendants surviving, and sounds like her nieces and nephews would be her next of kin, that is assuming she has no siblings (your other aunts and uncles on her side of the family, if any).

good luck, and have a blessed week. also, please accept our sincerest condolences over your loss. chip

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Answered on 2/07/07, 10:21 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Probate a will

In some cases you can save money by doing legwork yourself,but it would be a very good idea to meet with a lawyer to determine what he needs to do and what you can safely do. That often is inexpensive, but well worth the cost. My office handles such matters, so please feel free to call me.

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Answered on 2/07/07, 8:03 pm


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