Probate and Administration

Offering a Lost Will for Probate

In Georgia, the original Will must be offered for probate if it is available. If the original Will is lost,…

2 years ago

Probate Court did not err appointing County Administrator to Administer Will Rather than Named Executor

In Estate of Jeffcoat, 2021 Ga. App. LEXIS 554 (2021), Eleisha Pate filed a Petition to Probate the Will of…

2 years ago

Jury Question Remained Where Testator and Witnesses Initialed Each Page But Original Attestation Page was Missing

In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of…

2 years ago

Exemplar Discovery in Contested Petition for Year’s Support

O.C.G.A. ยง 53-3-5 allows a surviving spouse or minor child to file a claim for Year's Support. Although there are…

2 years ago

Form: Petition to Appoint Successor Executor

Sometimes the original executor can no longer serve. The following form may be used to petition the Probate Court for…

2 years ago

Form: Renunciation From Executorship

If the person named as Executor in a Last Will and Testament does not wish to serve, most Probate Court…

2 years ago

Form: Estate Inventory

Unless the applicable Probate Court requires a different form, the following form may be used when preparing an estate inventory…

2 years ago

Form: Petition for Authority to Open Safety Deposit Box

The following form may be used when seeking authority to open a safety deposit box after a decedent's death to…

2 years ago

Form: Heirs Determination Worksheet

When you file a Petition to Probate a Will or for Letters of Administration, you must give notice to the…

2 years ago

Form: Affidavit When Will is not Self-Proved and Witnesses Cannot Be Located

In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or…

2 years ago