I'm not quite clear on the meaning of this Georgia Law regarding notice in Petition to Probate Will in Solemn Form

Asked about 1 year ago - Augusta, GA

Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or similar class where the value of each testamentary gift is, or appears to be, nominal.

Additional information

What does "person" refer to. Is there a difference between heir, beneficiaries and person?

Attorney answers (2)

  1. Timothy Edward Kalamaros

    Contributor Level 15

    2

    Lawyers agree

    Answered . To get a good answer here you need to supply some real world factual context so that people can intuit what you need. If you are looking for an academic forum, or one to provide legal education as such, I don't think this is it.

    No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in... more
  2. Deborah Antonette Stewart

    Pro

    Contributor Level 10

    Answered . When probating a Will in Solemn form, you must provide notice of such to any heirs or beneficiaries of the decedent. This allows them an opportunity to contest the Will should they chose to do so (assuming they have standing), and provides them with notice of any proceedings with regards to the Will. The term "person" likely refers to the heirs or beneficiaries of the decedent. As for whether or not the probate court will modify the notice requirements, this is dependent on any motions that are filed and the specific circumstances surrounding such. You should consult with an attorney who practices probate law to get more specific answers to your question(s).

    The above answer is for informational purposes only, does not represent legal advice, and in no way establishes an... more

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