Legal Question in Wills and Trusts in Georgia
Must a will be probated?
My dad recently died in Georgia. He had a will that left all to my mother, his wife. There were no real property, no cars, etc.--just bank accounts and CD's which list both their names (ie, Dad or Mom). The estate value is not large. Must my dad's will be probated? My sibling, my mom, and I (his only heirs)are all in agreement over all matters involving my dad and the property, so there is no possibility of a will contest. Thanks.
1 Answer from Attorneys
Re: Must a will be probated?
Thank you for your inquiry. I am licensed to practice in AZ, so my response is based on my knowledge of AZ law.
The purpose of the probate process is to transfer ownership of assets from the decedent to the named beneficiaries in a will or to the legal heirs (if there is no will). If your mother's name is already the "co-owner" or "joint owner" of the assets, she may not have to probate the will in order to claim her share. She should be able to show the bank a copy of his death certificate and that should be enough. She must, however, be prepared to pay the costs of your father's last illness and funeral, and possibly any other legitimate debts he left behind.
I hope this information is helpful to you.
/s/ Monica H. Donaldson
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