You are not required to hire an attorney to probate a will, but it is highly recommended to hire an attorney to ensure the process is properly handled. What do you need to take with you to the Probate Court or to meet with an attorney? First, you need a copy of the death certificate and the original will.
To obtain your Georgia Certificate of Authority, you will submit an Application for Certificate of Authority, along with required certificates or certified copies from your home state. You will need to appoint a registered agent in order for your filing to be approved.
How Long Does It Take To Get A Letter Of Testamentary? It usually takes 3 – 6 months to get Letters of Testamentary, appointing you as executor.
You can ask a solicitor about this. The court is likely to agree to you becoming the executor if you are the married partner, civil partner or next of kin of the person who has died. An executor may have to apply for a special legal authority before they can deal with the estate. This is called confirmation.
In order to have an executor or administrator appointed, a petition has to be filed with the Georgia probate court. With that petition, you are asking the court to appoint an executor or administrator formally. This process is necessary even when a deceased person has appointed an executor in their will.
Georgia state law does not provide a timeframe for opening an estate within a set number of days, weeks, or months after someone passes away. While there's no strict deadline for opening an estate, if you possess an original will, you are legally obliged to turn it over to the appropriate probate court.
Without disputes, the entire probate process generally takes anywhere between 12 and 18 months, depending on the estate's size and complexity. The first probate phase can last from 6 weeks to 6 months to complete. The timeline can vary by county where the deceased lived; some are busier than others in Georgia.
You must file a petition to be appointed by the court before taking action on behalf of the estate. Before being appointed, Probate Court may ask you to post bond and file yearly inventor & returns. Posting bond is similar to taking out insurance.