On what grounds can a will be contested? Avoid will disputes in Georgia by contacting The Law Office of Paul Black for qualified legal counsel.
Georgia Will Dispute Law
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No one wants to die, but the reality remains that death is inevitable for everyone. You don’t want your heirs fighting over your will in probate court when you are gone. It is possible, however, that it could happen.
The probate process can seem like a nightmare of a waste of time and resources. But, probate laws differ from state to state. Probate laws are more friendly in Georgia than in many other states.
With Georgia estate planning, heirs can access their inheritance without going through the stress of probate court. Understanding the laws and getting the right legal assistance in Georgia can save your heirs from will disputes.
Heirs can skip the probate process in Georgia with no estate dollar value limitation if:
The testator has no outstanding debts
There is no last will
All heirs agree with the distribution plan
There is unlikely to be a dispute if these conditions are met. A court petition can be filed by an estate representative stating that administration is not necessary. There are, however, some estates that are not so straightforward.
How can you avoid a will contest when your estate is complex? Who can contest your will, and how can they do so? The answers to these questions will help you plan your Georgia estate properly and prevent a will contest.
Is There a Deadline for Contesting a Will?
A valid, legal reason may be used to contest a person’s Georgia Will & Testament. However, you must act within the specified time period.
Under Georgia law, an interested party must file a petition to contest the will within four years from the date the will is admitted to probate in common form. Common form probate does not require notice to heirs, beneficiaries, or creditors. Individuals who are minors at the time the will is probated can object to the will when they turn 18 and will also have four years to contest it afterward.
In Georgia, heirs have ten days from the date they receive notice that the will has been filed for probate to file a caveat. The right to object will be lost if a caveat is not filed in a timely manner, with very few exceptions. Executors are better protected by the solemn form of probate than by the common form. In solemn form probate, all heirs must be notified and given a chance to object before probate can be granted.
Your right to contest the will can be lost if you fail to file your objection within the stipulated time.
How to File to Dispute a Will in Georgia?
In Georgia, you can contest a will by filing a will caveat. A caveat is a written statement of your objection to the will. The executor will first have to prove the will’s validity. Then, you can present evidence contesting the will.