Raleigh, NC asked in Probate for Georgia

Q: If a Judge has issued in order in probate court that can harm beneficiaries or heirs can I file a petition to Stay/halt

Can I file a motion or petition to stay or halt all proceedings until they rule on the Will? My cousin died 30 days aft mother & inherited her estate. Family members probated a fraudulent will. Judge is allowing administrator to distribute property which could belong to a beneficiary of the will if the judge rules will is valid. How do I stop all proceedings until he rules on the will?

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If a will has been admitted to probate, and you object, you have two options. If the court is not an expanded jurisdiction court, you can appeal the decision to the superior court in the county where the probate court is located. You must file the appeal within 30 days of the order admitting the will. If the court is an expanded jurisdiction court, you can appeal the decision to the Georgia Court of Appeals. You must file the Notice of Appeal within 30 days of the order admitting the will.

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