FREQUENTLY ASKED QUESTIONS:
Do I need a lawyer to probate a Will?
It is always best to have legal assistance when dealing in Court proceedings, however, the Probate Court does not require you to hire an attorney.
Can the staff assist me in preparing my Petition?
The law prohibits the staff of the Probate Court from giving any legal advice or assistance, it is therefore a violation for the staff to assist anyone in preparing petitions.
Why does a Will need to be probated?
The word "probate" means "to prove". A will is not operative under the law until it has been proven by the Court to be a Will. The court process allows anyone who has standing to object and be heard.
Why can't the heirs sell property without coming before the Probate Court when a loved one dies?
The law changed in 1998 requiring a representative to be appointed by the Court (an Executor or Administrator). The old law allowed the heirs to pass title by quit claim deed. The new law vests the ownership in the representative.
Is a Power of Attorney for an individual good after his/her death?
No, the Power of Attorney loses its authority when the individual who executed the Power of Attorney dies.
Does a Will have to be probated?
No, a Will only has to be probated if there is enough property in the estate to require probating.
Should the Will be filed with the Court?
Yes, as required by law.
Click here to view the Probate Court "I Present My Case Video".
NOTICE TO DEBTORS AND CREDITORS:
It is required by O.C.G.A. 53-7-41, that all personal representatives run the Notice to Debtors and Creditors in the sheriff's advertisements in the newspaper for four (4) weeks. To ensure compliance, the Probate Court has taken responsibility for submitting the Notice to Debtors and Creditors to the paper. All personal representatives will be required to fill out the Notice to Debtors and Creditors Form and submit to the Probate Court, at the time of filing, a check or money order payable to Gray Publishing in the amount of $40.00.
FORMS & PETITIONS: