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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40124
Experience:  Texas lawyer for 30 years in Estate law
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My dad died a month ago and my mom has a will but she still

Customer Question

My dad died a month ago and my mom has a will but she still has to fill out probate forms in order to get money from one of his savings accounts that only had his name on it. I just would like to know if my sister and I have to sign anything in order for my mom probate to be accepted by the probate court. She lives in GA. And my sister and I just want her to be able to get the money for herself. Should she fill out a Common Form are Solemn Form.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.I am so sorry for your loss of father.

Solemn form probate requires notice to the "heirs" of the decedent as that term is defined in O.C.G.A. section 53-2-1 (1997). see O.C.G.A. section 53-5-22 (2008 Supp.). The actions of the executor are more protected when the will has been probated in solemn form and the will can not be contested by parties who have been given proper notice of the petition.

Here you are better off having her file solemn because under common there is four years for someone to file a will contest.She serves you here and then can access the funds.Executors appointed through a solemn form probate can petition to be discharged from their liability and responsibilities six (6) months after their appointment.

Reference to the process..

She can make application for solemn probate and be appointed executrix by the court and access the funds.

Expert:  RayAnswers replied 1 year ago.

You would sign a renunciation and disclaimer of interest under the cause number here and she files it in the case.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Good luck with all of this.I now that it can all be kind of overwhelming.

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.