What should you do when you receive a probate notice from the Probate Court?
What happens if you do nothing?
These are common questions we hear from heirs.
We’ll answer each one in turn in this article.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm, we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
When a petition to open an estate is filed, the Probate Court is required to send a probate notice to each heir letting them know of the petition and giving them an opportunity to object to it.
It is important to note that the objection deadlines are usually very short – as little as 10 to 13 days.
If an objection is not filed by the deadline, then the Probate Court will proceed forward with opening the estate.
That means that unless an objection is filed, it is likely that the petition will be granted.
For example, if the Petition is asking the Court to accept a Last Will and Testament, then the Will will likely be admitted for Probate and the Executor appointed to manage the estate.
If there is no will, then the Petition to appoint an administrator will likely be granted and the proposed administrator will be appointed.
As a result, if you do not have any concerns about the situation, you may safely do nothing and allow the deadline to pass.
If you do have concerns, you need to file a formal, written objection quickly.
This is important because once an order is issued on the initial petition, it can be difficult to go back later and file an objection to change or overturn the order.
It is important that you act quickly to file an objection if you have any concerns about the Nominated Executor, Proposed Administrator, Petition, or the Will, if there is one.
Not acting quickly enough could cost you important rights.
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you are attempting to settle an estate in Georgia, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.