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Probate Records Room The Henry County Probate Court building at 99 Sims Street, McDonough, Georgia 30253 houses the Probate Court Records Room, which is open to the public for research.
An order for probate of a will in common form may be granted without service to any one, unless required by the Court. The Court may refuse to grant a petition to probate a will in common form. (Henderson v. McVay, 269 Ga.
Form PA1P (With A Will) The executor named in the will, A beneficiary, where none of the named executors applied, or; A probate practitioner representing either the executors or the beneficiaries.
There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider.
The will is probated in the Probate Court of the county in which the decedent was domiciled at death. 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 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.
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.
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.