QUESTION

How do I file a statement of claim / probate form when probate process has not began

Asked on Mar 14th, 2022 on Wills and Probate - Georgia
More details to this question:
Want to file a claim against my former lawyer who passed away for unfinished business - paid an upcharge to go to court. He died in October 2021. Called the county he lived in and where his business - neither says the probate process has begun. Need assistance to know where to go from here.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
You don't actually file a claim in the probate court in Georgia during a probate anyhow, although you can provide the court with a copy of your claim. All you do to file a claim in a probate matter in Georgia is provide notice to the Executor or Administrator of the estate, if there is one. If there is not an open estate, then you need to try to figure out who the most appropriate person to receive notice will be and send notice of the claim to that person. That's about all you can do.   If your case, if you have a last known address for your attorney, you may want to send the notice to that address. If you can find any alternate addresses (check with the State Bar Association), you should also send notices to those addresses as well. Try to use a delivery method that requires a signature so that you have some proof that someone received your notice.   Best wishes to you.
Answered on Mar 15th, 2022 at 5:10 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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