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If you are grieving the recent passing of a family member, allow us to first offer our condolences for your loss. We know how difficult death can be. It is a little easier on you and your family, at least legally, if your loved one left a will behind with instructions on how their estate should be divided.
Wills in Georgia may have to go through a court process known as probate before you and your family members can receive your loved one’s possessions. Probate begins with submitting the will to the court, but if this is the first time you’ve lost someone close to you, how do you file a will in Georgia, and what do you need to know? It’s a legal matter – does that mean that you need a lawyer? How long does it take? How much does it cost? Let’s take a closer look at these questions so you can navigate the process with confidence.
An official will is a “last will and testament” of the deceased party, detailing the distribution of their assets to any heirs or beneficiaries and naming the personal representative responsible for distributing those assets. The state of Georgia does not recognize holographic wills (which are handwritten but not signed by two witnesses) or oral wills (wills that are recorded by audio or video).
For a will to be valid in Georgia, it must be:
There may also be other legal specifications that determine the validity of the specific will in question your loved one created.
Note that if there was not a will, or if the will is determined to be legally invalid, the state will determine how to divide up your loved one’s assets according to Georgia’s intestacy laws.
Filing a will is a long, complicated process. It is also a consequential one – it will determine who is in charge of the distribution of the deceased family member’s assets and how the family should bury or inter the deceased family member. Because administering the will through probate is so personal and sensitive, it is in your best interests to work with a reputable Georgia probate lawyer who can handle all of the paperwork for you and ensure that your loved one’s final wishes are carried out.
There are many steps involved in filing your loved one’s will, including:
First, if there are multiple copies of the will, the family must locate all of them. Georgia law states that you must file all existing copies of the document to the court so that they can review them, although the latest copy will be the official one used.
After finding copies of the will, you have to check for valid signatures from the decedent and their two witnesses. Without those signatures, the will is not valid according to Georgia state laws.
Next, you have to determine whether the will is self-proved (has a notarized self-proving affidavit attached to it). If the will is self-proved, you will not have to locate the witnesses who signed the will to testify to its validity. Self-proving wills can be filed much more quickly than those without the affidavit.
If the will is not self-proved, you must find each of the witnesses and get them to sign a form known as the “GPCSF 6.” This form affirms the legitimacy of the will to the probate court.
Keep the contact information of the witnesses, even after they have signed the form, as the court will call witnesses to testify if anyone contests the will.
Once the court inspects and approves the will, they will appoint an executor – the person who was named in the will to carry out the will’s directions. The executor must take the executor’s oath with the court, which states that the executor will follow the laws and court instructions in executing the deceased family member’s will.
Once the executor takes the oath, the courts release the Letters Testamentary. These letters indicate the executor’s authority to act on behalf of the deceased. At this point, the probate process begins, and there are numerous other legal steps that the will’s executor has to take before the deceased person’s assets can be officially transferred to their beneficiaries.
The last thing you want to be doing when you are grieving is spending time filling out legal paperwork and trying to navigate the probate process on your own. There are many fees associated with filing a will and completing probate in Georgia, and any mistakes made along the way (such as missing deadlines) can incur additional costs or prolong the process. In order to protect yourself from probate’s pitfalls and stresses, you can enlist the services of a compassionate probate lawyer who will take the burden of filing the will and handling the other steps off of you. Peach State Probate is here for you so you don’t have to face probate alone or with fear! We empower you with the support, information, and advice necessary to face it with confidence. Our assistance will make a major difference in how efficiently and quickly your case is resolved. If the will is contested, or if there are any issues with its validity, we can stand up for your rights and fight to honor your loved one’s wishes. Call today to book a free consultation with our lead attorney, Calvin A. Edwards, Jr., and learn more about what our firm can do to serve you.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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