Last Will and Testament

Laughing Heirs

Poor estate planning (or no planning) can result in unexpected and unintended results. All States have a law similar to…

3 years ago

Presumption of Validity Applies When Witnesses to Will Do Not Remember

In In Re Estate of McClendon, 359 Ga. App. 259 (2021), decedent David McLendon's Will was offered for probate by…

3 years ago

Offering a Lost Will for Probate

In Georgia, the original Will must be offered for probate if it is available. If the original Will is lost,…

3 years ago

News Roundup 2-4-2022

NOTE: If you have a Georgia corporation or limited liability company, your annual return is due by April 1, 2022.…

3 years ago

Probate Court did not err appointing County Administrator to Administer Will Rather than Named Executor

In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda…

3 years ago

Jury Question Remained Where Testator and Witnesses Initialed Each Page But Original Attestation Page was Missing

In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of…

3 years ago

Form: Petition to Appoint Successor Executor

Sometimes the original executor can no longer serve. The following form may be used to petition the Probate Court for…

3 years ago

Form: Renunciation From Executorship

If the person named as Executor in a Last Will and Testament does not wish to serve, most Probate Court…

3 years ago

Form: Petition for Authority to Open Safety Deposit Box

The following form may be used when seeking authority to open a safety deposit box after a decedent's death to…

3 years ago

Form: Heirs Determination Worksheet

When you file a Petition to Probate a Will or for Letters of Administration, you must give notice to the…

3 years ago