QUESTION

When probating an estate, who needs to sign the ''Aknowledgement of Service and Assent to Probate Instanter" form in Georgia?

Asked on May 21st, 2012 on Estate Litigation - Georgia
More details to this question:
My father recently passed away and we are probating his estate without a lawyer. My mother is his beneficiary, although my sister and I are named as beneficiaries should something happen to her. However, my uncle and two cousins are also named should somethign happen to my sister and I. Who needs to sign the ''Aknowldgement of Service and Assent to Probate Instanter'' form to probate his estate? Does everyone named in the will need to sign? Please advise.
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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An "Acknowledgment of Service and Assent to Probate Instanter" is a form to verify that all the heirs of the deceased must acknowledge that they have received a copy of the will and the petition to probate and that they agree to allow the probate to go forward. However, the moment your dad died, if your mom was the only beneficiary, she is still the only beneficiary. Contingent (secondary or tertiary or "next in line") beneficiaries never count, as long as there is a living beneficiary. None of them matter from instant of death forward. While she is living, your mother is the only one who needs to sign the form if she is the only beneficiary. If your mother dies before your father's probate is complete, then her estate is the beneficiary. A word to the wise: I never recommend that people handle the complexities of probate on their own. If everything was that easy, there wouldn't be a market for probate lawyers because they would not be necessary. That area of practice would have fizzled out decades ago. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 18th, 2012 at 1:40 PM

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