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Do I need to have an estate probated?

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. Best answer

    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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. 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. 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. 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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