Legal Question in Wills and Trusts in Georgia

Do I have to probate a will in Georgia if the only things distributed are a few pieces of furniture and a car? There is no real estate or money.


Asked on 4/01/11, 10:54 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe or maybe not depending on information we don't have.

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Answered on 4/01/11, 11:03 am

WILL FILED NOT FOR PROBATE If there is no property to pass under the Will, probate is not necessary. However, the Will of the decedent must be filed with the Probate Court. Real estate, unlike joint bank accounts, may not automatically pass to a surviving co-owner. If the only property in the estate is an automobile, title may be transferable through the Tag Agent without probate being necessary. There is no cost to file a Will not for probate.

What I suggest is that you consult with a probate attorney to determine whether or not probate will be necessary, such as if there are any claims against the estate, there is any money or bank accounts etc. If there really is nothing to probate then the above is an excerpt from www.gaprobate.org. In such case, you file the will, but that is all as the car can be transfered via the tag agent.

If you do need to probate the estate, the GA probate court site referenced above has many of the forms you will need.

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Answered on 4/01/11, 3:40 pm


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