Legal Question in Wills and Trusts in Georgia

Your post frightens me for the question you did not ask.

Although there are standard forms in probate court, errors in them, or certain missteps can prove very costly. It is extremely important to see a lawyer before filing. If the estate is simple, you may be able to hold costs down by doing legwork, but don't create unforseen costs by not consulting with counsel.

(While the answer to your question PROBABLY is no, the precise wording of the will, and facts we don't have, affect the answer.)

Without reviewing the will or the form, an attorney cannot competently give you advice. The clerk's office cannot give you legal advice either and telling you what to put on the form is legal advice.

If this question has you compelled to ask, then you should definitely seek out a probate attorney and at least pay him/her for a consult as to your rights and duties. Probate may or may not be as bad or as expensive as you think, but it will depend on your father's assets and debts.

If a person has a valid will, then the only heirs/beneficiaries which need listed are those identified in the will. If there is no will, then it is the heirs identified in the intestacy laws. In your case, if your father had no will, then his assets would pass to his wife, if any, and his children. Your father's brother and the brother's children would not be included and they couldn't even file a caveat as they would not benefit. They would only be heirs if your father died without a wife or children and if both of your father's parents were already deceased.

If your father's brother and he brother's children were identified as beneficiaries under the will you would list them, but since your post suggests that they are not, then the answer is no.