Riverdale, GA asked in Probate for Georgia

Q: Dad died, left a simple will naming my mother as executor and the recipient, basically just a house in the estate.

Estate worth less than $100,000, and maybe under $50k.Do we need to go through probate or how do we handle this simple transaction?

Related Topics:
1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
Answered
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Unless the house was owned by your father and mother as joint tenants with right of survivorship, and all other property was owned so that it passed directly to your mother (e.g., a joint bank account), then a probate proceeding would be necessary to transfer the property owned solely by your father to your mother. There are at least a couple of options as to what type of probate proceeding should be used. I recommend that your mother consult with a qualified probate attorney to determine what must be done. The attorney would need to have additional information about your father's estate to properly advise your mother.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.