Will probate and closing of a will close the probate on the will of an earlier deceased?

Mother passed, willing her estate to surviving spouse. Will was probated but never closed. Spouse (father) passes. His will goes through probate and is closed. Now, property willed to the survivors is to be sold but the sale is being held up because mother's will was never closed. Wife/mother passed 1982. Will went through probate but was never closed. Husband/father passed 2005. Will went through probate, all t's crossed and i's dotted. Probate closed 12/2006. Wouldn't the subsequent probation and closing of the estate also close the initial probated will? The sale of property is being held up as closing attorney for the buyers insist that the 1982 will be closed. Stands to reason that it would have been closed with the closing of the deceased beneficiary's will. Are we being "fleeced" by the buyer's attorney? Why didn't the attorney handling our father's will, probate, etc. say something about the fact that our mother's will; passing on her half of the estate; half of what father passed on; was never properly closed? The wills and property in question fall under the jurisdiction of Georgia law. - Is this your question? Add additional information
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Answers (1)

Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
The last step in the "closing" of an estate is the final order of distribution by the probate court. In the cases you have described, it appears there was no final order of distribution from your mother to her spouse. If state law requires that in orver to properly vest title in the spouse, then that is not a technicality at all. The fact that there was a final order in the probate approving the transfers from her husband to his heirs only transfers what he had to transfer. If he did not have good title due to the lack of finality of the transfer to him, it would make perfect sense that that step still needs to be taken to complete the chain.

As to why the attorney handling your father's estate didn't say anything about the issues in your mother's estate, it is impossible to say. The best way to find out is to ask him, if he is still available.

Please note that the above is not intended as legal advice, You should consult an attorney who practices probate law in the state in question to be sure.
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