How Long Do You Have To File Probate After A Death In Georgia?

How Long Do You Have To File Probate After A Death In Georgia

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There’s not a time limit to file for probate after someone dies in Georgia. 

The longest we’ve seen someone wait to start probate is 30 years

But, this estate did not have a will.

Not Filing The Will

You have a legal obligation to file the deceased’s will. 

Per Ga. Code § 53-5-5, if you delay filing the will, you can get: 

  • fined 
  • imprisoned

An estate does not have to get probated if there is not a will

If there is a will, you are legally obligated to probate the will.

What You Need To File

To start the probate process, you need to file: 

What Is The Role Of The Probate Courts?

Here are the key functions and responsibilities of the Probate Court in Georgia:

  • prove the will is valid 
  • appoint an executor or administrator
  • overseeing the estate administration
  • handling estate litigation
  • protecting the interest of minors
  • managing guardianships and conservatorships

Get Help From A Probate Lawyer

The probate process is confusing and overwhelming. 

There’s 50 forms that you COULD file.

And no direction on which ones you need. 

But, the easy part is filing the will. 

The hard part is: 

  • properly notifying all parties
  • inventorying and appraising the property
  • paying off creditors
  • distributing property
  • keeping accounting
  • closing probate

You shouldn’t have to figure this out while mourning the loss of a loved one. 

Fill out the form to get professional help through the probate process.

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