Legal Question in Wills and Trusts in Georgia

Who are required to file a Will in Georgia Probate Courts?

Asked on 7/21/13, 2:10 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Anyone who has possession of a will is required to turn it in to the court.

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Answered on 7/21/13, 3:50 pm
Robert Gardner Hicks, Massey & Gardner, LLP

Technically, the person who is listed as the executor in the will should be the one to probate it. However, as your question is not very clear on what is going on, you may be in a situation where you want someone to probate a will who is not doing so. Then again, if the person who passed away did not own anything, there may be no need to go through the expense of probating a will. I suggest that you go and see a probate lawyer to give them details about what is going on and get some specific advice. Also, there is a difference between turning in a will, filing it, and probating it, and the devil is in the details.

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Answered on 7/22/13, 10:31 am

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