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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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How long does it take to probate a will in Georgia? My wife

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How long does it take to probate a will in Georgia? My wife is a beneficiary in a will. Her stepmother died March 1, 2011. Solemn form probate entry date is 5/24/2011. She has not been contacted . Is ther any danger of her getting ripped off by the executor ? When should she contact the court. She does not want to spend any more money.
Submitted: 5 years ago.
Category: Estate Law
Expert:  David Kennett replied 5 years ago.

-Could you explain your situation a little more?
Has she seen the will?

Is she listed as a beneficiary?

Customer: replied 5 years ago.
Yes to both questions
Expert:  David Kennett replied 5 years ago.

DearCustomer- An estate is generally held open for at least 6 months in order to allow creditors time to file claims so in this case it would appear that you are still within that time period. My suggestion is always that if you are not satisfied with the actions of the executor or suspect foul play that you file a motion with the court for either a removal of the executor or for the executor to provide the information you are requesting. You can also go to the probate court and obtain a copy of the entire file of the estate to see what has transpired with respect to the listing of assets and liabilities and any other filings that there may be.

If there is no activity then you may want to consider filing an action to remove the executor for neglect of fiduciary duty. Otherwise you can read everything that has been filed to see where the estate process stands at this time.

David Kennett and other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
We live in Alabama and the court is in Decatur, Ga. Is there any procedure to get copy of file to my wife. We do not want to spend any more money on attorney fees.
Expert:  David Kennett replied 5 years ago.
All estate files are public so you can contact the probate court where the estate is open and ask for a copy of the file documents. You would be charged a fee for copying and postage but there should be no other charges. Then you can review what has or has not been filed including the will.
David Kennett and other Estate Law Specialists are ready to help you