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Do wills have to be probated in Georgia?
Maybe you’re a beneficiary worried that the executor won’t probate the will.
Or you’re the executor considering not probating the will.
Either way, this article will cover:
When the courts appoint an administrator to an estate, they can choose anyone. This includes creditors or third-party companies. Meaning you and your family lose all control over the estate.
If you want to create a will for your estate or file a petition to become the administrator of an estate, fill out the form below for a free consultation. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.
When discussing, “Do wills have to be probated in Georgia,” let’s look at:
Yes, wills have to be probated in Georiga.
Georgia requires wills to be filed with the probate courts.
Every estate has to go through the probate process.
If you don’t probate a will in Georgia, the estate gets distributed per the intestate laws.
It’s in your best interest to probate a will.
That way, the will gets distributed per the will’s instructions.
And is not left up to the courts to make decisions on who gets what.
You have to file the will with the Clerk’s office within 18 months of someone dying.
Then, you have 5 years to probate that will in Georgia.
This is 5 years AFTER you have filed the will with the Clerk’s office.
Yes, you have to go through probate even if you have a will.
Let’s talk about the consequences of not probating a will.
Related: What An Executor Cannot Do
We’re discussing “do wills have to be probated in Georgia?”
So, what happens if you don’t probate a will?
If you don’t probate a will, the estate gets distributed per intestacy laws in Georgia.
When the executor doesn’t probate the will:
When someone passes away, the property is still in their name.
Probating a will transfers that property into the beneficiaries’ names.
This allows them to sell the property.
These properties cannot get passed to the beneficiaries if no probate is filed.
And when you probate a will, property gets distributed to creditors and heirs.
If you don’t probate a will, they will not receive what is legally theirs.
And they have the right to sue the executor of the estate.
The executor will be personally liable to repay them for any losses.
Related: Penalty For Stealing From An Estate
There are three ways to avoid probate in Georgia.
There are three strategies for legally avoiding probate in Georgia.
Since wills have to be probated in Georiga, let’s talk about how to file a will.
Check out “How To File A Will In Georgia” for a deep dive into these steps.
If a will is not filed, creditors and heirs can sue the executor.
If an executor doesn’t file a will for financial gain, they could face criminal charges.
And, in both cases, the executor is financially responsible for the losses of other parties.
According to Georgia probate laws, the courts can fine and imprison the executor.
And they will keep you imprisoned until the will gets filed.
In Georgia, a will has to be filed within 18 months of the person passing away.
After that, you have 5 years to probate a will in Georgia.
If you do not probate a will within 5 years, the estate gets split up per intestate laws.
If you want the best probate attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose assets to creditors.
We also make sure that the probate process is smooth and fair.
This means you don’t get raked over the coals financially.
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This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.
