Georgia Petition For Order Requiring Production of Will
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How to fill out Petition For Order Requiring Production Of Will?
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FAQ
A. Yes. Georgia law requires that a valid will be in writing and that it be signed by either the person making the will or someone else in the presence of and at the express request and direction of the person making the will.
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.
The petition to probate will in solemn form is used when the deceased has a will and it is the most common probate petition. This probate petition's sole purpose is to ask the probate court for a determination of whether or not the will filed by the petitioner is the last will and testament of the deceased.
If the will exists, all the heirs agree on how to distribute estate assets, and there are no creditors, the Georgia Probate court can state that probate is not necessary. But, if heirs or beneficiaries do not agree or the estate has creditors, the probate process will be required.
Property owned jointly is passed to surviving owner automatically without probate. This includes real estate, vehicles, financial accounts, and securities. While it will avoid probate, note that the joint owner has legal rights and access to the property while you are living.
Trusts don't go through probate. Wills do go through probate. But the trustee of the trust will actually have to do a deed transferring the property after the owner of the trust passes away, or the trust could hold the property long term, but it doesn't go through probate.
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.
How to Petition for No Administration Necessary Fill out a petition form provided by the probate court. Attach a copy of the death certificate and any relevant documents. File the petition with the probate court in the county where the deceased person lived at the time of their death.