Georgia Sample Letter for Initiate Probate Proceedings for Estate - Complaint to Probate Will
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How to fill out Sample Letter For Initiate Probate Proceedings For Estate - Complaint To Probate Will?
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FAQ
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.
In Georgia, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
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.
All estates have to go through probate?no matter what they're worth.
Georgia Probate Court Standard Forms and General Instructions NumberDescriptionGPCSF 4Petition to Probate Will in Common FormGPCSF 5Petition to Probate Will in Solemn FormGPCSF 6Reserved See Supplement 6GPCSF 7Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed45 more rows
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.
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.
With careful estate planning, it is possible to avoid the probate process. But Georgia still requires the will be filed with the probate court. This is especially important if you are planning to distribute property or assets.
