What to o if a Will has not been probated?

UPDATED: Aug 15, 2012

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What to o if a Will has not been probated?

My mother and stepfather had a Will made 12 years ago. I have a copy of that Will. It said the children where to share and share alike the property and money from their estate. My mother was named executer in the Will until she could no longer do, so then my brother was to become executer. My mother died earlier of this year. There has been not Will probated. I have not heard anything from my brother. There was a large amount of property and money involved. I cannot afford a lawyer. Is there anything I can do on my own? Since no Will has been probated, can my copy be probated?

Asked on August 15, 2012 under Estate Planning, Georgia


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  There are ways to probate the copy but it takes a lot of work and generally an attorney would be the one to help with that.  It is unclear here what the Will actually states, and whose will you are spekaing about.  Was your Mother the executor of your StepFather's Will and your brother executor of hers?  How did the property pass from your step father to your mother?  Was it jointly owned?  I would check in the probate court for the county in which your mother resided at the time of her death to see if an estate proceeding was opened at all for her estate.  It is a public record.  There may be other options here but really you need legal help.  Good luck.

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