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Undue influence in procuring a will to be made must amount to moral coercion; it must destroy the free agency of the testator and constrain the testator to do what is against the testator's will but which the testator is unable to refuse.
If a decedent owes you money, you can notify the personal representative by filing in Probate Court a Claim Against the Estate . The Probate Court does not have jurisdiction to hear a disputed claim so you should file a legal action in the appropriate other court to prove your claim and obtain a judgment.
Letters of Administration are a court order issued by the Probate Court. It is the formal document where the Probate Court officially appoints an Administrator to represent the Estate. As a result, the Letters of Administration give the Administrator the authority to: ? Collect Estate assets.
If the executor or person in possession of the will does not file it with the local probate court, that person can get in a lot of trouble. Georgia law states: ?the probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.? (Georgia Code § 53-5-5).
The estimated cost of contesting a will in Georgia can be anywhere from $10,000 through $50,000, which is conservative. A contested will case can take up to two years or longer if the case ends in a trial. It is up to you to decide if the estate justifies the expense.
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 Supreme Court website.
Once the probate process begins, the personal representative will next provide notice to any/all interested parties to the will. At this point, any person or creditor may challenge the will by filing a petition (called a ?caveat?) with that same probate court.
Because no notice is required, Georgia law gives interested parties four years rom the date the will is admitted to probate in common form to file an objection. Exception: A person who is a minor at the time the will is probated has four years after they reach age 18 to object.