Legal Question in Wills and Trusts in Georgia
Mother died with no will
My youngest sister lived with my mother until she died. She has 3 other sisters(all Adults).She still lives in my mother's house that is paid for and she doesn't want to go to probate court to divide everything up. What can we do about this and how long do we have after my mother's death to go to probate? How do we get her out of the house?
2 Answers from Attorneys
Re: Mother died with no will
Since there was no will, there is nothing the probate. The proper procedure is the administer the estate. Anyone can start this process. Then, if all of you can't agree on how to divide things, the probate court judge will do it. You should consult with a local attorney.
Re: Mother died with no will
At any time starting one second after death, any heir can go to probate court to start probate. Whicehever one of you wishes to do that should get a lawyer immediately, and if multiple relatives agree, you can likely cooperate in that process. A probate with an uncooperative heir will be more costly than where everyone agrees as you will not be able to use shortcuts like a No Administration Necessary case.
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