Today’s probate law question comes from Atlanta, Georgia. Under Georgia probate law, all heirs of the deceased are entitled to receive notice when the probate case is filed with the court. This is the case whether or not there is a will.
Typically, the notice happens in one of two ways.First, the person filing the petition with the probate court may send the notice informally and request that the heir sign a consent that can be filed with the probate court. Any heir receiving a consent like this should be careful. Once the signed consent is filed with the court, the heir has given up his or her right to challenge the proposed executor’s or administrator’s petition.
If the heir does not sign the consent, then the probate court will send formal notice to the heir and provide them an opportunity to object to the probate petition that was filed. If the heir wants to file an objection, then he or she must move quickly because the deadline is typically shorter than two weeks. If you are in this situation and need to make an objection, I recommend that you hire a qualified probate lawyer to assist you so that you do not miss anything or lose any rights.
If an heir never signs a consent or receives formal notice from the probate court, then that is a problem. It means that whoever filed the petition left them out, and the heir must move very quickly to assert their rights. Georgia probate law allows notice by publication in the newspaper in some circumstances, and if this is happeneing, then the heir could lose their right to object by not acting qucikly. If you find yourself in this situation, I recommend hiring a probate attorney to help. This can be a complicated situation to fix.
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Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate lawyers provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
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