Estate Law Questions? Ask an Estate Lawyer.
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Any interested party can file a petition for probate. Then, the person named as executor or other interested parties are forced to proceed. Thus, to force a probate, you must actually retain a local attorney in Georgia to commence a probate proceeding.
Alternatively, you could have a local attorney send a certified letter to the person that should be in charge demanding that a probate be commenced and threatening that if they do not proceed you will file for probate and request of the court that the person not be appointed to be in charge for neglect of taking timely action.
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What would the best type of attorney be to discuss the issues with? Also, when a probate is forced, would it require the executor who did not probate the will to produce all financial documents concerning the debts, and life insurance policy of the deceased?
A probate/estate attorney is who to talk to. Yes, if the person ultimately appointed is someone other than the named executor, then the person in charge could demand the named executor to produce any relevant documentation in the named executor's possession.
www.martindale.com and the Georgia bar association's website would both be good places to start the search for an estate/probate attorney.
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