Q: A friend dies and left me as executor in her will. In the state of Georgia, does the will have to be registered in proba
There is real estate involved with 2 living daughters. The daughter claim that the will( in their possession) does not have to be registered in probate court.
A: Georgia law provides that a person holding the will of a deceased person must file the will with the probate court in the county in which the decedent resided. If there is property in the estate to be administered (e.g., real estate), the person named as executor will have to file a petition to probate the will, and request that the probate court appoint such person executor of the will. The appointment by the probate court only will occur after the proper petition is filed. After being appointed by the probate court as executor, the executor will have certain duties and obligations to creditors and beneficiaries. Failure to file the applicable legal requirements can result in personal liability for the executor. I recommend that you retain the services of a probate lawyer to assist you with preparing and filing the petition, and explaining your obligations.
A: A will has to be presented to the probate court in the county where the decedent, or testator, lived when he died. The probate court has to accept the will as the true last will of the deceased. Once the will is accepted for probate, the court will issue Letters Testamentary to the nominated executor. Once the letters are issued, you would then be legally obligated to carry out the terms of the will which includes paying all bills of the estate and transferring assets as directed.
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