How much time do i have to file a will in probate court

Asked over 4 years ago - Acworth, GA

dad did in 2008 i file it with the court to make it public record but never filed it for probate is it still time for me to do so

Attorney answers (2)

  1. Loraine M. DiSalvo

    Pro

    Contributor Level 16

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    Answered . This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship.

    My condolences to you on the loss of your father. As for his Will, if it has not been admitted to probate, and if no other Will was admitted to probate, then you should still be able to file a Petition to have the Will admitted to probate. I assume that he died as a Georgia resident. If he lived in a different state this answer may not be correct. If you have already filed the Will with the probate court for informational purposes only, you would need to make that clear when you file the petition. You should consider consulting an experienced probate attorney but you can do so without a lawyer if you prefer to try it yourself. Forms and information are available for Georgia at www.gaprobate.org. You can also go to the local probate court and ask them for the proper forms.

  2. Loraine M. DiSalvo

    Pro

    Contributor Level 16

    Answered . This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship.

    My condolences to you on the loss of your father. As for his Will, if it has not been admitted to probate, and if no other Will was admitted to probate, then you should still be able to file a Petition to have the Will admitted to probate. I assume that he died as a Georgia resident. If he lived in a different state this answer may not be correct. If you have already filed the Will with the probate court for informational purposes only, you would need to make that clear when you file the petition. You should consider consulting an experienced probate attorney but you can do so without a lawyer if you prefer to try it yourself. Forms and information are available for Georgia at www.gaprobate.org. You can also go to the local probate court and ask them for the proper forms.

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