How will I be able to get this taken care of if the client isn’t here in the state?

We have a client in OK who needs to settle her mother’s estate. In order to be confirmed as the

executor, our client must go to court to take an oath. She does not want to travel to GA where the estate is pending and GA law allows her to take the oath in another state if a clerk or judge can be found in that state who is willing to administer the oath. You are tasked with finding a court convenient to our client where she can take her oath. When you call the court closest to her, the judge says that he has never heard of someone taking an oath for a GA case in OK, that OK does not have anything like that and that he will not administer the oath. What do you do?

Asked on March 15, 2018 under Estate Planning, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Ask the court clerk in GA, if the client can make a telephone appearance to take the oath instead of being physically present in the GA courtroom.
If the court (it will depend on the particular judge assigned to the case) allows a telephone appearance, inquire how far in advance of the court proceeding is the deadline for filing a request for a telephone appearance.  If the appropriate court form for requesting a telephone appearance is not filed and/or the filing deadline is missed, the court will deny the request for a telephone appearance.


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