Can a judgment creditor force probate ?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption