QUESTION

How do you compel the executor of a will to come forward and present the will for probate?

Asked on Jan 10th, 2013 on Wills and Probate - Georgia
More details to this question:
Almost 2 years since death. Deceased lived in Dekalb county, GA.
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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One option would be for someone else to come forward and file to be appointed as Administrator. If a purported Executor claims there is a Will but refuses to offer it for probate, and if no one else has seen the Will and is certain it exists, then that might be a good course of action. However, if you are pretty certain that there is actually a Will, then an interested party, preferably an heir of the deceased, will need to petition the DeKalb County Probate Court to have the Court compel the purported Executor nominee to produce the Will. It may also help to point out to the purported Executor that Georgia law actually REQUIRES that an original Will be filed with the appropriate probate court within a reasonable time after a person's death, even if the Will is not going to be offered for probate. This filing is for informational purposes if the Will is not being offered for probate. O.C.G.A. Section 53-5-5. This can be enforced by fines and imprisonment. If you want to file a motion with the probate court to compel production of the Will, you should consult an experienced probate litigator. It's not a good do-it-yourself project. If fees are really going to be a problem, however, the DeKalb Probate Court now has a Probate Information Clinic at which local attorneys can provide free, although limited, help to persons dealing with probate issues on their own. You should contact the court to find out more.  
Answered on Jan 11th, 2013 at 9:20 AM

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