Flowery Branch, GA asked in Estate Planning and Probate for Georgia

Q: Is Probate or any other process (legal or otherwise) needed when there's a notarized Last Will and no real property?

My mother passed away Thursday. She has a Last Will created and notarized in 2008, listing my brother and I as inheritors (both 18+). She lived in an assisted living facility in GA, owned personal property but no real property, and received regular deposits from SSA-Disability and State Teachers Retirement, no IRA, 401k or other retirement accts. The funeral home is reporting her death to Social Security and filing the death certificate with the county. Are there any legal steps we need to take? I had to manage probate for my dad in 2008, but the situation was different.

Related Topics:
1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your brother. If more than $10,000, you will need to open an estate to get the money out of the account. As you do not mention any other assets that have a title and no beneficiary designation, it sounds like you will not need to offer the will for probate.

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.