Probate in Georgia is the process of resolving an estate after someone passes away. There are various stages to this procedure. Nearly all of them could be subject to litigation. If there is any question about in the state, and if that estate is going through probate, you could probably resolve the question in a formal, legal manner if you are an interested party.
First, it might help you to understand the various important points in the probate process. Please keep in mind that various motions could be available to challenge the courts’ assumptions, depending on the stage of the estate.
As explained on FindLaw, the first step of probate is determining whether there is a valid will. Although most official wills would be presumed valid, you could potentially challenge the entire will based on certain criteria. For example, you may believe that the person who wrote the will — or changed it — suffered from undue influence while doing so.
Another important part of probate is assigning someone to handle the process. You might challenge this by demonstrating a conflict of interest or an incapacity for the position.
Paying debts is another common part. If the decedent owed you money, you may want to engage in litigation at this stage in order to protect your interests.
The distribution of assets in the closing of the estate are usually the final stages in the probate process.
You could have options for litigation at this stage to preserve the intent of the will with regard to the remaining assets after payment of debt, to deal with non-existent assets and so forth.
There are typically specific requirements for each motion you would make regarding a will in probate.