Petition To Probate Will In Common Form In Georgia

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Common form probate is a quick, cost-effective probate process.

It validates a will and manages an estate while skipping formal court hearings.

Key points about common form probate:

Simplified Process: No formal court hearings are required.
Speed and Cost: Generally faster and more cost-effective.
Executor’s Role: Manage the estate, pay debts, and distribute assets.
Contest Period: Beneficiaries have four years to contest the will.

Common form probate is suitable for straightforward cases where:

the will is unlikely to be contested
there are NO complex estate issues

NOTE: We do not recommend probating an estate in common form due to the risks.

Risks and Benefits Of Filing In Common Form

The benefits of common form probate sound nice.

But we have to weigh them against the risks of it.

The Benefits

There are several benefits of filing probate in common form.

You don’t need to attend formal court hearings.
Heirs and beneficiaries aren’t notified when the process starts.
It’s quicker and less expensive because the process is streamlined.
There’s less oversight from the court.
Beneficiaries have four years to challenge the will.
The executor can begin managing the estate right after the court accepts the will.

The Risks

Here are the risks you need to weigh:

Mistakes or fraud might go unnoticed without close court supervision.
Beneficiaries can challenge the will for four years, causing delays and higher legal costs.
Executors may lack the skills to properly handle asset distribution, debt payments, and taxes.
Disagreements among heirs may not be resolved, leading to long-term disputes.
It can overlook issues like hidden debts or incorrect asset valuations, leading to financial losses.

Common Form vs Solemn Form

Common form probate leaves the estate open.

The estate is at risk of disputes AFTER assets have been distributed.

The estate is “left open” for 4 years after assets are distributed to heirs.

Creditors and heirs can come back and dispute the estate.

If a judge deems these valid disputes, heirs might have to:

pay back creditors personally
pay an heir their portion who was left out

Probating the will in solemn form:

validates the will
closes the estate

Once the solemn form probate is complete:

the will cannot be contested by unhappy heirs
the estate cannot be accessed by creditors

Solemn form is the most common and recommended way to probate a will.

The primary benefit of solemn form is that it is final and binding.

This protects beneficiaries from heirs who:

are unhappy with the outcome
might seek to declare the will invalid after the estate is settled

Fill out the form to have us set up your probate so you’re protected.

When to Choose Common Form Probate

Let’s talk about which scenarios are good and bad for common form probate.

Good Scenarios

Common form probate is ideal for estates:

where the will is straightforward
when there are no expected disputes among beneficiaries

It is also a good choice when the estate is relatively small and uncomplicated.

This reduces the need for extensive court oversight.

Bad Scenarios

Common form probate is NOT ideal for estates:

where the will is likely to be contested
where there are complex assets or numerous debts

Solemn form probate is more appropriate in such situations.

How To Probate A Will In Common Form

Here are the steps involved:

Filing the Will: The executor files the will and a petition to the probate court in the county where the deceased lived.
Court Review: The court checks the petition and will for legal compliance. If all is correct, the court accepts the will for probate.
Appointment of Executor: The court appoints the executor named in the will to handle the estate.
Inventory and Appraisal: The executor lists the deceased’s assets and gets them appraised if needed, then files this inventory with the court.
Paying Debts and Taxes: The executor uses estate funds to pay off any debts, taxes, and expenses related to probate.
Asset Management: The executor maintains and manages the estate assets during the probate process.
Distribution of Assets: After settling debts and taxes, the executor distributes the remaining assets to the beneficiaries as specified in the will.
Closing the Estate: Once all assets are distributed and tasks completed, the executor files a final accounting with the court and requests to close the estate.

Our probate lawyers take everything off your plate for this process.

Fill out the form to get started today.

Executors Trying To Be Shady

It’s common to have a sibling that’s shady about probate.

So, what if the executor is trying to file common form to manipulate the estate?

Here are the steps to take:

Hire a probate lawyer for estate litigation.
File an objection with the probate court.
Collect proof of misconduct or suspicious behavior.
Inform other heirs and work together.
Keep a watch on the executor’s actions and report any issues.
Petition the court to remove the executor if they are acting unfairly.
Push for solemn form probate for greater oversight and protection.

Get Help From A Probate Lawyer

Are you overwhelmed by the Georgia probate process?

Our Georgia probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not:

personally financially liable
accidentally breaking the law
filling out the paperwork wrong
not notifying or paying off creditors
dealing with disputes among family

Fill out the form to take this off your plate.