QUESTION

How do I know if I need to probate a will

Asked on Feb 17th, 2021 on Wills and Probate - Georgia
More details to this question:
My my dad had a will it was not probated he has a mortgage will I have to have the will probated to live in the house
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3 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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If you plan to transfer the hosue into your name, you will need to probate the will.  You will not be required to refinance the hoseu if you do not want to.  All wills must be filed witht the probate court.  Whther you offer it for probate is up to you. Howver, because there is real estate, the only way to tranfer that property is to file the will for probate.
Answered on Feb 18th, 2021 at 6:23 AM

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Wills Attorney serving Austin, TX
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A Will has no legal effect until a court admits it to probate (proving it is the Will of the person who died).  Hire a local probate lawyer to present the Will, get the executor appointed, pay the debts and distribute the rest according to the Will.  From your description it sounds as though this includes recording a Distribution Deed which the executor signs distributing the house to you personally.
Answered on Feb 18th, 2021 at 5:35 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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Wills Attorney serving Alpharetta, GA
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Please accept my condolences on the loss of your father. If your father owned the house, then unless there was a surviving joint owner who received the house by a right of survivorship (which would not necessarily be the case even if he did own the house jointly with someone else- you would need to review the deed to see how the property was owned in that case), then yes, you would need to have his Will admitted to probate and his estate administered in order to deal with the house. This is true even if you are the only heir and the only beneficiary. Legal title to the house will remain in your father's estate until it has been sold or distributed out of the estate, and until the Will has been admitted to probate there is no one who has the legal authority to deal with estate assets. You can't just move in or keep living in the house and not do anything. That will just make a mess. Find an experienced probate attorney and get a consultation. The attorney can help you get the Will admitted to probate and get the estate administered, help you avoid any pitfalls during that process, and help you get the house and any other estate assets dealt with appropriately. Best wishes to you.
Answered on Feb 18th, 2021 at 5:11 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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