Legal Question in Wills and Trusts in Georgia

Is there an executer if the legal will is notsigned and regestered at the court

Excutors rights with or without a will


Asked on 12/14/02, 2:29 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Is there an executer if the legal will is notsigned and regestered at the co

Hmm. I have to read between the lines on your question. There is no registration per se in Georgia. Testators (T) can pay to file a copy of will before they die, so it can be proven. But, it has nothing to do with the validity of the will or Executor. Failure of the T to sign the will, is FATAL to the will. An unsigned will is NO WILL. However, many times, an unsigned will is only and unsigned copy and the signed real will is floating around. If there is a real signed will, it must be presented for probate for the Executor's powers to be recognized. If, however, there are no signatures on any will, then there is NO WILL and the estate will go by intestate succession. See OCGA Sec. 53-2-1 HCW

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Answered on 12/14/02, 10:57 pm


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