[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Request to Execute Waiver and Consent for Probate Proceedings in Fulton, Georgia Dear [Recipient's Name], I hope this letter finds you well. I am writing to initiate probate proceedings for the estate of [Name of deceased], who resided in Fulton, Georgia. As the [relationship to the deceased], I have been granted the responsibility of administering their estate and ensuring the fulfillment of their final wishes. In order to proceed with the probate process and facilitate the smooth transfer of assets, it is necessary to obtain the signed Waiver and Consent from all interested parties. The Waiver and Consent is a legal document that acknowledges the estate's intention to probate and distribute assets according to the deceased's last will and testament or Georgia intestacy laws if no will exists. I kindly request that you, as an interested party in this estate, execute the attached Waiver and Consent form. This form is crucial to establish legal grounds for probating the estate and will expedite the administration process. It is important to note that by signing this document, you are voluntarily waiving your rights to contest the probate proceedings or claim against the estate, unless fraud or undue influence is proven. Please carefully review the Waiver and Consent form, ensure that all sections are correctly completed, and sign and date the document before a notary public. Once signed, kindly return the original form to me at your earliest convenience using the enclosed self-addressed stamped envelope. Should you have any questions or require further clarification, please do not hesitate to contact me. I will be more than happy to assist you with any concerns you may have regarding the probate process. I greatly appreciate your prompt attention to this matter and your cooperation in expediting the probate proceedings. Your timely response will help ensure a swift resolution and the distribution of assets as per the deceased's wishes. Thank you for your understanding and cooperation. I look forward to receiving the executed Waiver and Consent form. Yours sincerely, [Your Name]
Fulton Georgia Sample Letter for Initiate Probate Proceedings for Estate - Request to Execute Waiver and Consent
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FAQ
There is no requirement that you hire an attorney to take care of a probate proceeding on your behalf. If you feel comfortable doing so, you may handle a simple probate yourself. However, many probate matters are challenging and you would be better served by having an experienced probate attorney handle your case.
On average, the time to settle an estate in Georgia is 12 to 18 months. This might surprise you. 12 to 18 months may seem like a long time.
Some assets and personal possessions can be sold or transferred without needing probate. If the person who died left a will, the executor named in the will is responsible for dealing with the estate assets. If there isn't a will, the next of kin will be responsible as the administrator of the estate.
Is Probate Required in Georgia? Probate isn't always required in Georgia. It is necessary by law if the assets belonged solely to the deceased person with no named beneficiary or with the estate as the named beneficiary. If the assets were included in a revocable living trust, probate won't be necessary.
Filing the probate petition. The executor must file the original will and a certified copy of the death certificate with the probate petition and other supporting documents in the Surrogate's Court of the county where the deceased person lived. There is a filing fee based on the size of the estate.
Expect it to be at least six months before the assets may be distributed to the heirs and probate to be closed. However, one year is a more likely timeline for most estates. This time can be extended even more if there are delays, such as an heir contesting the will or disputes with creditors.
A will should be offered for probate within five years of a person being appointed the estate's personal representative, or a court order is filed stating that the estate does not require a personal representative or administrator. (Georgia Code § 53-5-3).
Penalties for Failing to File a Will If the executor or person in possession of the will does not file it with the local probate court, the probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered. (Georgia Code § 53-5-5).
In order to have an executor or administrator appointed, a petition has to be filed with the Georgia probate court. With that petition, you are asking the court to appoint an executor or administrator formally. This process is necessary even when a deceased person has appointed an executor in their will.
In Georgia, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
