SPEAK WITH A TEAM MEMBER (770) 920-6030

Download the Georgia Probate Handbook.

Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.

 

    What to do when some heirs not included in probate?

    By
    logos-image logos-image logos-image
    probate

    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 filed to open an estate depending on various factors (if there was a will, or not).

    The one common requirement among all these petitions is that the Petitioner (person who is filing the petition) is required to list all the legal heirs to the estate of the deceased, even if there is a will giving the estate property to someone who is not an heir. So, if some heirs are not included in that probate disclosure, it can be cause for an objection.

    The courts provide a document (heirs determination worksheet) that can help you determine who should be an heir to an estate. But to give a general idea of who would be an heir, in a simple case, it would be any surviving spouse of the deceased, and the deceased’s natural born or adopted children. If someone in those categories is deceased, or the deceased did not have anyone in those categories determining the legal heirs gets a bit more complicated.

    Once you have determined who is an heir to the estate, the next step is to confirm that the Petitioner has include everyone on the petition. If you are in a situation where heirs are not included in the probate petition, it is crucial to act fast and file an objection. This is a very time sensitive issue, as the court only allows for a limited time period to object to a petition.

    Related Topic:  What happens when a a heir refuses to leave the estate home?

    After you have filed an objection, the facts of your specific situation will determine what the court might require next of you. If the Petitioner realizes their mistake and amends their petition the court might allow them to continue down the path of being appointed executor/administrator of the estate. However, if the Petitioner does not amend their petition to include all the rightful heirs you may consider either filling your own petition to be appointed executor/administrator, or requesting that the court determine the original Petitioner is not qualified to serve and an alternative administrator would have to be found.

    If there are no other family members willing to take on the position estate executor/administrator, the court could appoint a county administrator to administer the estate. County administrators are court appointed attorneys hired to administer the estate, and they do charge the estate fees for their services.

    Depending on the specific facts related to your personal situation will greatly affect the best way to move forward when this type of situation occurs. Our office always recommends speaking with a qualified probate attorney. Contact us for a free consultation. 

    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.

    MORE FROM OUR BLOG

    After a loved one passes away, it is not uncommon to want to begin handling their affairs right away. Often, one of the first things the family will want to access the deceased’s bank accounts. Unfortunately, they quickly learn that the bank will not speak with them or give them any information, l...

    What happens if it is discovered that the deceased had dementia when the Will was created? Does that mean that the Will is automatically invalid or that the Probate Court will not accept it?  We will discuss these questions in this post. My name is Erik Broel & I am the founder & CEO of ...

    When can the Estate cover attorney's fees?  This is a common question with a somewhat complicated answer.  We’ll cover the basics in this post. 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 ...

    © 2021 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.