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AM looking for a probate attorney for Dekalb County,

AM looking for a...

AM looking for a probate attorney for Dekalb County, Georgia. AM trying to find out which form I need to complete in order to be declared an administrator/executor to my mother's estate.

Lawyer's Assistant: Has anything been filed or reported?

No, that's where I need help. They are over 30 forms to complete when I go to the county probate website

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I found a "living will" stating that any property she has goes to me, it's been notarized

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Answered in 1 day by:
3/9/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,165
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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See forms 3 and 4 here.

http://gaprobate.gov/content/2017-2018-fillable-pdf-standard-forms

Being honest with you this will does not sounds valid.A living will is a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive.

If it is a legitimate will written and signed leaving you stuff by all means probate it.Just understand if the will is not valid then it is called intestate probate and its Form 4 here otherwise it is Form 3.

This will allow you to make application for probate and be appointed executor or administrator.

I am so sorry for your loss and appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.Let me know if you have more.

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SOLEMN FORM PROBATE This procedure requires notice to all heirs and becomes binding upon all parties immediately upon entry of the final order. "Heirs" are those persons who would inherit the estate if there were no lawful Will; heirs may or may not be beneficiaries under the Will. The notice requires anyone having a legal cause to object to or contest the alleged Will to file the objection or contest before a certain deadline. The original Will must be filed with the petition, and proof of the proper execution of the will must be provided by either a self-proving affidavit, Interrogatories or Proof of Witness. All heirs must be duly served or must acknowledge service. The Court will appoint a guardian-ad-litem for each minor or incapacitated heir.

COMMON FORM PROBATE This procedure may be done without notice to heirs but does not become binding for four years after the appointment of the Executor. The requirements of providing the original Will and proof of proper execution are the same as with the Solemn Form Probate. Heirs and others may file an objection or contest at any time up to four years after common form probate.

PROBATE OF WILL IN SOLEMN FORM/ LETTERS OF ADMINISTRATION WITH WILL ANNEXED If there is a Will but the named Executor is either unable or unwilling to serve, an Administrator C.T.A (with Will annexed) must be appointed. Any nominated Executor still living must sign a declination, or there must be testimony that the Executor is unable to serve. A majority of the beneficiaries may select the Administrator C.T.A. The Court will appoint a guardian-ad-litem for each minor or incapacitated heir.

If you have other heirs you may do solem probate of will thats on the form page I gave you above.

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If the will is a dud you can just file for administration, PERMANENT ADMINISTRATION This procedure requires notice to all heirs. A surviving spouse or sole heir is entitled to serve as Administrator, unless disqualified; otherwise, the person selected by a majority of the heirs is entitled to serve, unless disqualified. Administrators must post bond and file inventories and returns, unless ALL heirs consent to a waiver of those requirements. If ALL heirs consent, the Administrator may be given additional powers and authority. Guardians of minor or incapacitated adult heirs may acknowledge service, consent to selection and consent to waive requirements, provided the guardian is not the petitioner.

Ray
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Experience: 30 years in civil, probate, real estate, elder law
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