QUESTION
what happens when a executor doesnt probate a will in the state of georgia
Asked on Jan 23rd, 2016 on Wills and Probate - Georgia
More details to this question:
My neice died sept.26 2013 in fulton county Georgia. Family are in the will.Her sister has not probate the will.What actions can be taken.
2 ANSWERS
4 Awards
If the Will was properly filed for informational purposes with Fulton County, someone else can seek to offer it for probate and get appointed as the Executor or as an Administrator with Will Annexed (depending on whether the person offering the Will for probate is an appointed successor Executor or not). Someone can also file a petition asking the Court to force the person in possession of the Will to produce it, if it hasn't even been filed with the county for informational purposes. These are litigation tactics and whoever takes them on should find a competent estate litigation attorney to help.
Answered on Jan 24th, 2016 at 1:35 PM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
Probate Litigation Attorney serving Lawrenceville, GA
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Sometimes it is difficult to know if there is a will. People create wills and later withdraw or destroy his or her will. However, if you are certain that there is a will, you can file a motion to compel production of the will. You would file this motion in the probate court in the county where the deceased person lived at his or her death.
Answered on Jan 24th, 2016 at 6:42 AM