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Steps in the Probate Process File the Will and Petition the Court. The executor must locate the will and file it with the court, along with all of the necessary paperwork, including the death certificate. Gather Assets. Pay Debts. Distribute Assets.
To avoid revocation of a will by a subsequent marriage, it must appear in clear and unmistakable terms that the testator contemplated the event of a future marriage and made some reference to that event. Johnson v. Cromer, 234 Ga. 73, 214 S.E.2d 644 (1975) (decided under former Code 1933, 113-408).
Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.
State Law if You Die Without a Will If there are children or grandchildren, then the estate is divided into shares, with the spouse receiving a minimum of one-third of the estate, and the remaining two-thirds divided among two or more children.
Despite its misleading name, a years support award is a permanent award of property from a decedents estate to the decedents surviving spouse, surviving minor children, or both. The surviving spouse of the decedent can apply for years support unless he or she has remarried after the decedents death.

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In order to probate the will, the executor should file the original signed will and, in most cases, Georgia Probate Court Standard Form #5 - Petition to Probate Will in Solemn Form. The Standard Forms are available at the courthouse or online at the official statewide Probate Court website.
If you die with: A spouse but no children, your spouse will inherit your entire estate. Children but no spouse, your children will split everything equally.
Under Georgia law, there are two types of joint ownership. The first, known as Joint Ownership with Rights of Survivorship means that two or more parties have simultaneous ownership of a property. When one of those parties dies, their share of the property passes to the surviving owner(s).

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