What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? (GA)
Detailed Answer Short answer: In Georgia, when one or more co-owners named on a joint survivorship deed (joint tenancy with right of survivorship or a deed expressly creating survivorship rights) dies, title usually passes automatically to the surviving owner(s) by operation of law. To update public records you typically must gather proof of death and […]
Read article →How do I force my sibling to give me a copy of our parents’ estate plan in Georgia after he ignored my formal request?
Short answer If your parents are alive, you generally cannot force a sibling to give you their copy of an estate plan; your parents control who sees their documents. If a parent has died, a will must be filed with the probate court to begin the estate process, and interested persons typically can obtain copies […]
Read article →What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — GA
Detailed Answer When a personal representative (PR) sends a distribution from an estate without explaining how they calculated your share, you have a series of clear, practical steps you can take under Georgia law. The PR owes fiduciary duties: to locate and preserve estate assets, to pay valid debts and taxes, and to distribute the […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate — GA
FAQ — Who can be appointed administrator when an estate is reopened in Georgia, and what documents prove next-of-kin status? Detailed Answer When a Georgia probate court reopens a closed estate and appoints an administrator, the court must identify who is legally entitled to serve and verify that person's relationship to the decedent. The documents […]
Read article →What steps do I need to take when the original estate administrator has died before completing probate? (GA)
What steps to take when the original estate administrator has died before completing probate Detailed Answer If the person appointed to administer an estate (the administrator) dies before finishing probate in Georgia, the probate process does not automatically end. The court will need to appoint a successor administrator so estate business can continue. Below is […]
Read article →How can I reopen my father's closed estate in GA so I can be appointed as administrator?
Detailed Answer: How to reopen a closed estate in Georgia so you can be appointed administrator Short answer: In Georgia you generally must ask the county probate court that handled the original estate to reopen the probate case or to open a new administration if the estate truly remains unadministered. To do that you will […]
Read article →How long does it usually take to get an out-of-state will approved in Georgia probate? (GA)
Detailed Answer This answer explains how Georgia probate courts treat wills executed in another state and how long the admission (approval) process typically takes. This is general information only and not legal advice. Does Georgia accept an out-of-state will? Yes. Georgia law recognizes a will that was valid where it was executed. See the Georgia […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago? (GA)
What to do if a survey shows the property was conveyed out of your mother’s estate decades ago Short answer: If a recorded deed shows title left your mother’s estate long ago, the recorded conveyance usually means you no longer own that property. However, there are narrow circumstances (fraud, forgery, lack of authority by an […]
Read article →How do I get the probate court’s permission to sell the property in Georgia when the clerk won’t explain filing requirements? (GA)
FAQ: Getting Probate Court Permission to Sell Estate Property in Georgia When the Clerk Won't Explain Filing Requirements Detailed answer — How to get court permission to sell an estate property in Georgia Short answer: you must have legal authority from the probate court (usually as a personal representative with letters testamentary or letters of […]
Read article →Can I recover personal items removed by heirs before I took possession and enforce the court's order? (GA)
Overview If you obtained a court order that gave you possession of a house but heirs or former occupants removed personal items before you physically moved in, you may be able to recover those items and enforce the court’s order. The answer depends on whether the items are your property, whether the court order addressed […]
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