Legal Question in Wills and Trusts in Georgia
My mother recently died. She was a resident of SC, and her will was written there. She lived with me in GA for 5 years. My sister in FL. was named executor, with me serving if she cannot. Where should the will be probated?
Thank you for the advice.
Penn
3 Answers from Attorneys
Georgia, since she lived here (unless her property is in another state). Feel free to call me.
You should probate in the county where she lived in Georgia.
To obtain general information about probate matters, go to the Georgia Probate Website
www.gaprobate.org.
Depending on the size of the estate and the assets therein, you don't necessarily need an attorney. Nevertheless, I handle these matter, and I am available to discuss the matter with you. (770)367-1234.
10 Glenlake Parkway
Suite 130
Atlanta, GA 30328
I am inclined to say Georgia, but where did she vote? Have a driver's license? Did your mother ever intend to return to South Carolina? If she really owned no property in Georgia and just lived there (akin to living in a nursing home) you might want to see if this can just be probated in South Carolina if your mother still owns land there.
Otherwise, the main estate would be in Georgia and any ancillary estate would be in the state where your mother owned land.
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