Can a judgment creditor force probate ?

I am a judgment creditor. The debtor in fi-fa has died and left behind real estate with value to satisfy my judgment. The family has just assumed possession of the house but have not opened probate or taken steps to convey the property to the heirs-at-law. Do I have to just sit and wait, hoping they’ll open probate or can I force probate by petitioning the probate court to be appointed administrator of the estate?

Asked on October 4, 2017 under Estate Planning, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Creditors in Georgia can compel probate of an estate. Did you ever file the judgement as against the house?  Generally you would have filed in the county clerk's office.  This way the judgement would come up on a title search in a sale as a debt that would need to be satisfied.  If however, they are just transferring it between them, they may never do a search.  So you would need to stake a claim against the estae.  Good luck.

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