What to do if my father’s Will has not been recorded in the court and has not been probated?

UPDATED: Jan 23, 2014

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What to do if my father’s Will has not been recorded in the court and has not been probated?

As his adult children, what do we do?

Asked on January 23, 2014 under Estate Planning, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will need to check with the executor or executrix on the status of the will and inform the person that he or she has a legal and fiduciary duty to file the will. If he or she refuses, then you and the other siblings will need to go to the court and file for removal of the executrix, assignment of a new administrator and to probate the will.


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