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Hi and welcome to JA. My name is XXXXX XXXXX I will be assisting you tonight.
My sympathy here for your loss of loved one.
You will need a local probate lawyer to make application to probate the will.The original will is filed with your application here.
The clerk posts a notice of the filing and after the mandatory time has run usually 30 days you attend a hearing on your application.
The court will name you the personal representative if you are the person named in the will.
Once you are made personal representative and an inventory of assets filed the lawyer for the estate would prepare a deed from the estate to you and your sister assuming you want to keep the property.You would have the option to sale it here too.
If you can give me your state where mother resided I can give you more reference.
ok the will has all my mothers children listed and out of 6 of us 3 being dead im next in line for the house. she resided in Georgia
Here you can see the application forms and other documents that would be involved.
The court would make a finding here as to the legal heirs and theirs shares according to the will terms.
well there is only me and my 2 sisters
You may want to check the will here to see what the language is in the event of the other siblings predeceasing.It's possible the will leaves it all to you two and its also possible that their shares passed to their descendants.
It all depends on the wording of the will here.
my sister feels a sense of urgensy to do this . do u feel the same?
Yes it is better to get this started.Normal probate takes about a year from start to finish.The time varies for the most part if there is to be a sale rather than deeding house to you two.A sale can take awhile depending on local real estate sales.
Here is ABA approved lawyer referral to find a probate lawyer.
does this cost alot of money to do?
It is going to run you a couple of thousand more or less.Usually the lawyer wants a retainer/deposit and then bills against that.The fees come out of the estate here.
Also you would be due a fee as personal representative here approved by the court.
Good summary of the process here below.
You will likely after appointment need to change over her account to an estate account with an EIN number.
An EIN number is XXXXX a social security number and takes place of your mother's social security number since she deceased.
The lawyer can help with that too.
ok well thanks but then again if we just leave things as they are her living in thee house would that be ok too?
You can the problem would be if you need to sell it or say one of you deceases or becomes incapacitated, etc then it might take longer here to complete probate.
A person in possession of a will has a duty under Georgia law to present it to a court (generally within a year) regardless of whether it is probated. However there's no penalty from a court for delay.
I know that this can all be kind of overwhelming.
but we r not trying to sell it at all she wants to live there
Then she can live there.You may want to make sure there is homeowners insurance on the property while she is living there.
The lawyer for the estate would prepare a deed as part of probate to give it to both of you.
You may want to use the lawyer referral and shop fees a bit.Never hurts to shop here.
ok well my mom passed in feburary, and there is homeowners insurance but everything is in my moms name
Well again over time you may encounter problems like this.
Another reason to consider getting this started here.
I wish you good luck with all of this.
I am assuming here you filed for the social security death benefit.
Thats a one time small payment you are due here.
ok thanks u have been really helpful! no didnt know that was possible
Its a one time payment of a couple of hundred dollars.
You are so welcome.
Thanks for letting me chat with you and the best.If you can leave a positive rating here it is always appreciated.