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Write a Will Start your legal document by using the title ?Last Will and Testament? and including personally identifiable information, such as your full name and address. Name the executor as well as any legal guardians. List your beneficiaries and what they should inherit.
In order to probate the will, the executor should file the original signed will and, in most cases, Georgia Probate Court Standard Form #5 - Petition to Probate Will in Solemn Form. The Standard Forms are available at the courthouse or online at the official statewide Probate Court website.
Georgia Requires Wills to be Filed with the Probate Court When a person creates a will, he or she typically names a person to serve as their executor or personal representative. The executor is responsible for filing the will, starting the probate process, handling any debts, and settling the estate.
The petition to probate in common form will not be binding for four years after it has been completed. Executors appointed through a solemn form probate can petition to be discharged from their liability and responsibilities six (6) months after their appointment.
When a Georgia resident dies, his or her estate generally goes through probate. Having a Will does not avoid probate, it only directs where your property goes. Certain circumstances do allow property to bypass the probate process. Whether you die with or without a will, your estate goes through probate.