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How long after death do I have to get the will filed in probate court in Georgia? Is there a time dead line to meet?

Gray, GA |

My husband passed away. Everything was left to me his wife and our two minor childen. Everything for our children left in my care as long as they are minors.

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Attorney answers 3


The only requirement is that you must file the will with teh probate court in a reasonable time. You do not have to file the will for probate, only file it with the court so that it is recorded that your husband had a will. You should consider several options available to you such as filing for year's support as opposed to filing the will for probate. You should consult a lawyer about this matter as there are time deadlines (2 years) for filing a petition for year's support.


I am sorry for your loss.

It is essential that you see an attorney immediately.

There are many deadlines you can miss that matter. Some are practical and some are written into statutes. In some cases probates can be done years later, but that's usually a mistake.

First of all, you may have better alternatives than probate. One may be years support. There are deadlines to file that and it can be a way to avoid creditor claims and save on property taxes. Since the choice between probate of a will and other options can be complex, you need good advice to determine which route to take. Other shortcuts, such as transfer of a car where there are few assets, can sometimes be done outside of court.

Since some probates may take time, waiting could leave you with emergencies where you cannot act.

Georgia law requires filing the will even if probate is never done.

- Glen Ashman - - .................. In answering you, I am attempting to communicate general legal information and am not representing you. 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. 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 this email is 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.


Please accept my condolences on the loss of your husband. As Mr. Ashman points out, there are a number of issues and potentially critical deadlines which come into play when someone dies, and you should consult an experienced probate attorney as soon as possible in order to make sure everything gets dealt with properly and in a timely manner. The attorney will be able to help you determine the best course of action and make sure you don't miss something which could cause problems down the road.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

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