How does probate bond work

If you’re handling an estate, you may be required to obtain a bond before the probate court will allow you to serve as executor or administrator.  But, how does a probate bond work and who pays for a probate bond? At first, the idea of a bond may seem unusual or even scary.  In this artic...

heirs determination

Under Georgia probate law, when a person has passed away, there are certain requirements that must be met to properly open an estate for the deceased. The first is to file a petition with the court that has true and correct information. There are several different types of petitions that can be fil...

can a will be contested

“Can a will be contested?” This is a question we see a lot at our office. To answer the can a will be contested question, we're going to discuss 7 common scenarios where a will is challenged. If you find one or more of these situations apply in your case, a will contest may be a go...

executor of estate

If you are an heir or beneficiary of an estate, and believe the Executor is not fulfilling their responsibilities you may have a right to challenge their actions in probate court. An Executor owes certain duties to the estate. The main responsibilities of an Executor are to act i...

contesting a will in georgia

In today's article, we're going to discuss how to contest a will.  We'll also cover some of the key legal reasons to contest a will and how the caveat process works. So how do will contests work?  First, let’s cover terminology, when you file a legal objection to a w...

petition for discharge of personal representative

A petition for discharge of personal representative is something to take very seriously. This petition asks the court to release the personal representative of his or her duties to the estate. As a result, it can have serious consequences.  Most importantly, the personal representativ...

can you challenge a will

Can you contest a will?  This is a common question in our office.  We're going to talk about some important practical considerations to think about when you are deciding whether you should challenge a will or not.  We'll look at some common misconceptions about will contests ...

petition for administration

Who becomes the administrator? It happens all too often. A family member passes away and after the funeral, thoughts turn to probate and settling the estate. Someone takes charge and decides that they are the right person to be the administrator of the estate. What if you don’t agree? What if yo...

contesting a will

Contesting a Will

How does contesting a will work?  Should you challenge a will? Questions about contesting a will are very common in our office. We’re going to walk through some of the considerations that go into answering those difficult questions. The decision about whether to challenge a will is ...

executor living in estate

What does Georgia probate law have to say about an executor who lived with the deceased prior to death and continues to live in the estate home while administering the estate? What if the administration is delayed as a result? What can you do if you’re a beneficiary watching all of this happen and...

co executor not cooperating in georgia

In many instances, when two people are named co-executor of the estate and required to act together, the co executors disagree about how to manage the estate, and co-executor problems can arise. In some instances, what should be nothing more than simple disagreements turn ugly and one executor may g...

estate open after death

“How long do I have to open an estate after a loved one passes away?” We get asked this a lot at our office. This question can take different forms: “How long do I have to file the will for probate?” "How long do I have to get someone appointed to manage the estate?" "How l...

LOAD MORE