Do I need to have an estate probated?

Asked over 1 year ago - Morrow, GA

The will was ,hand written on a form from some big box office store (not the best thing to do in my opinion) The tag office didn't want to change the vehicles over due to being written not typed, now with the house etc. would it be best to have it probated? I was asked if I wanted it to be by a judge at the court house where the will was filed. Not knowing what that means or entails I am at a loss as how to answer the question. Thanks for reading and offering your advice!

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . It is very possible that the garbage they sell at the stores (and the CEOS who allow that junk in their stores really deserve to be fired for deliberately harming their customers with stuff they know is improper) is not a valid will. Even if the form is adequate (and I have yet in my 32 years of practice have seen anything well done in the stores), unless it is properly completed, witnessed and signed, it may not even be valid. I'd have to see it to know.

    Having said that, even if it is valid, it is useless until and unless it is probated. You can't just show it at the tag office and deed office. What you need to do is to show it to a lawyer, and have the lawyer assist you with probate. If the will is valid, that's good. If not, he can help you with intestate probate so you can deal with the car, house, etc.

    To tell you more I need to see the "Big Box" will and get details. Feel free to call me at 404-768-3509 if you'd like me to look at it.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Robert Michael Goldberg

    Contributor Level 11

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    Answered . A will has to be signed with certain formalities to be admitted in probate court. At a minimum, will needs to be notarized in front of two witnesses. The person signing the will must have the mental capacity to make a will and their must not be any fraud, undue influence or mistake. If aerosol dies with a home titled in their name either a valid will have to be presented to the probate court or letters of administration will be needed to pass title to the property. I suggest you see an experienced probate attorney as soon as you can.

  3. Robert Michael Goldberg

    Contributor Level 11

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    Answered . A will has to be signed with certain formalities to be admitted in probate court. At a minimum, will needs to be notarized in front of two witnesses. The person signing the will must have the mental capacity to make a will and their must not be any fraud, undue influence or mistake. If aerosol dies with a home titled in their name either a valid will have to be presented to the probate court or letters of administration will be needed to pass title to the property. I suggest you see an experienced probate attorney as soon as you can.

  4. Brian Andrew Becker

    Contributor Level 6

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    Answered . Unfortunately in this situation the testator, the person whose Will you are discussing, for all intents and purposes, died intestate (without a valid Will). Holographic Wills (those especially with dispositive handwritten terms ) are not valid in Georgia. I cannot envision any situation where a learned probate judge would probate this Will.

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