FAQs

What Does “Heir” Mean? 

An Heir is a living descendant of a decedent.

What Happens If A Will Is Not Probated?

In Georgia, there is a legal mandate to for the holder of a will to submit it to the court for probate per  O.C.G.A. § 53-5-5. If a will is not filed with the court, any heir or beneficiary can petition the court to direct the will holder to file the will with the proper court. Wills are meant to be public documents once the grantor has past away. Without publishing the will, beneficiaries and heirs cannot take legal possession of assets specified in the Last Will and Testament.

How Long Does It Take to Get Inheritance Money?

It depends on the type of estate plan in place

What Does “Executor of Estate” Mean?

The executor is the person in charge of administering the
estate of a testate decedent, or a person who dies with a
valid will.

Can You Refuse An Inheritance?

Yes you can refuse inheritance through a disclaimer.

Do You Need A Lawyer to Probate A Will?

No, but it is recommended.

Can A Beneficiary Be An Executor Of An Estate?

Yes, a beneficiary can be an executor of an estate.

Can You Sell An Inherited Property Before Probate?

You can only sell a property you have an interest in. Through
probate interest in property is transferred to beneficiaries.
If the property has not been properly transferred by going
through the probate process, then you cannot sell that property.

Can I Write My Own Will In Georgia?

An individual can write his own will in Georgia but must
follow certain statutory rules laid out in order to ensure the
will is deemed valid by a probate court.

Can A Beneficiary Sign A Will?

No, a beneficiary cannot be a witness to the signing of a will.
The will must have two uninterested parties sign as witnesses.