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1. Do I need a lawyer to probate a will?

The Probate Court does not require that you hire an attorney, but you may need assistance as this is a court proceeding.

2. Can the Probate Court staff assist me in preparing my petition?

The law prohibits the staff of the Probate Court from giving legal advice or assistance so they cannot help you. If you need assistance, you may hire an attorney.

3. Why does a will need to be probated?

The word "probate" means "to prove." A will cannot operate under Georgia law until it has been proven by the Probate Court to be a valid will. The court process allows anyone with standing to object and be heard.

4. Is my power of attorney still good even though the individual is dead?

No, the power of attorney loses all authority when the person giving the power dies.