Estate Law Questions? Ask an Estate Lawyer.
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.
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.
Good luck with all of this.I now that it can all be kind of overwhelming.
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