What Happens If a Will Isn’t Valid in Georgia?

If you’re dealing with an estate and you’ve discovered that the will may not be valid, you’re probably wondering: What happens next?

A will that can’t be accepted by the probate court can create additional steps and complications. In some situations, it can even lead to a will contest or probate litigation.

Hey guys, I’m Brad, the Probate House Guy. I’m an active real estate investor and a licensed real estate agent in the state of Georgia. Over the last 10 years, I’ve helped hundreds of sellers get their properties sold, whether that meant buying the property for cash or listing it the traditional way.

I’ve learned a thing or two about probate and estates over the years, so I’m sharing some of that knowledge with you.

One important disclaimer before we get started: I’m not an attorney, nor do I claim to be an attorney. This article is for general informational purposes and is not legal advice. I highly recommend consulting with a probate attorney or real estate attorney about your specific situation.

What Can Make a Will Invalid in Georgia?

There are a lot of things that can potentially make a will invalid.

Sometimes a family member may allege that a will is invalid and contest it. That can turn into a pretty sticky court situation where the parties have to litigate back and forth to determine whether the will is actually valid.

A will may also be challenged if someone claims it was written under duress, meaning the person who created the will was pressured into doing so.

There are a lot of different circumstances that can potentially invalidate a will, so you have to be careful.

If someone passed away and you have a will but you’re not sure whether it’s valid, the first thing you should do is have a probate attorney take a look at it.

Don’t go on the internet and try to figure out whether your particular will is valid or invalid yourself. A probate attorney can review the document and give you an opinion based on your specific circumstances.

I don’t know your will, I can’t see it, and I’m not an attorney, so I can’t give you legal advice about what you should do.

What I can do is give you some general examples of what can happen when a will isn’t considered valid.

Problems With Witnesses and Notarization

One example we’ve seen involves a will that wasn’t witnessed or notarized properly.

Brad discusses Georgia wills as generally requiring two witnesses and a notary. The notary and the witness cannot be the same person, and the witnesses typically need to be disinterested third parties.

Sometimes people make mistakes with this.

For example, I’ve seen situations where someone has a witness and then the notary also acts as a witness.

That’s no good, and it could potentially cause the will to be considered invalid.

There may be certain circumstances where a court could approve something like that, but in many cases, the court may determine that the will is not technically valid.

That can lead to additional steps, including something called a petition to probate or petition for administration with will annexed.

Basically, the will may still be included, but there are additional requirements that have to be followed.

I’m not going to get into all the nitty-gritty details here. Again, this is something you should discuss with a probate attorney.

What Is a Holographic Will?

Another situation is when a will isn’t witnessed at all.

These are called holographic wills.

And this is actually something we dealt with in my own family when my grandfather passed away.

A Real Family Example

Before my grandfather passed away, he told my aunt that his will was in a safe deposit box at XYZ Bank.

She knew he had a will there, so when he passed away, they started looking for it.

The problem was that she found a will in a drawer at his house.

It was an older will.

She knew my grandfather had redone his will that year, so she said, “I know he had it redone. I don’t think this is the right one.”

And she was right.

The will she found ultimately wasn’t the correct one. On top of that, it hadn’t been properly witnessed.

So it was considered a holographic will, and we weren’t going to be able to use it.

We knew the newer will was probably in the safe deposit box, but there was another problem.

Getting Access to the Safe Deposit Box

We had to petition the probate court to get access to the safe deposit box so we could retrieve the will.

Ultimately, that took a few weeks.

The first time my aunt went to the bank, they wouldn’t let her access the box.

My grandfather had given her a key before he died, but he had forgotten to put her name on the list of approved people who could access the box.

So even though she had the key, the bank wouldn’t let her in.

We then had to file a petition with the probate court to open the safe deposit box.

Eventually, the court granted the petition.

My aunt took the petition back to the bank, and they let her into the safe deposit box.

And thankfully, the will was actually there.

There were some other things in the box, too, but at least we found the will we were looking for.

What If the Will Doesn’t Have a Self-Proving Affidavit?

Unfortunately, we ran into another problem.

The will had been prepared by an attorney, so I’m sure my grandfather had a self-proving affidavit at some point.

But it wasn’t in the packet of documents we found in the safe deposit box.

A self-proving affidavit is another document that involves the witnesses and the notary.

Because we didn’t have that document with the will, we ended up having to get what are called interrogatories from the witnesses.

Luckily, all of the witnesses were still alive.

They were family friends, but they weren’t family members. They were disinterested third parties.

So my aunt called them up and basically said, “Hey, I need you to go sign this document.”

They met with her, signed the documents, and we were able to resubmit everything to the probate court.

It was essentially a confirmation from the witnesses saying, “Yes, I did in fact witness this will.”

There were a whole bunch of questions on the document, including questions about whether the person was under duress.

I’m not going to get into every question on that form, but that’s what we ended up having to do because we didn’t have the self-proving affidavit with the will.

I’m sure my grandfather had that document at some point. He just wasn’t the best with paperwork and probably forgot to put it in the safe deposit box.

Chances are, we’ll probably find it here soon in another drawer somewhere.

Need Help With an Inherited Property?

If you’ve inherited a property and you’re trying to figure out what your options are, we’d be happy to talk with you about it.

Simply fill out the form on this page. A member of our team will be in touch with you as soon as possible.

Whether you’re dealing with a probate property, an estate, or simply aren’t sure what to do with the house, we’re happy to talk with you about your options.

Now, let’s get back to what happens when the will itself isn’t valid.

What Happens If the Will Is Not Valid?

If the will is not valid, there may be additional steps you have to go through.

As I mentioned earlier, you may have to go down the administration route.

But if you believe the will is invalid because your loved one was pressured into signing it, the will was forged, or there was some other serious issue, that’s a whole different matter.

That can involve probate litigation.

In that situation, you’re going to need an attorney who specializes in probate litigation.

They can review the situation and represent you as you litigate the will.

You may also be able to contest the will if it has been submitted to the probate court. That’s a process that can take time and effort.

And you should really use an attorney to do it.

Don’t try to handle something like that on your own because it can get very, very messy.

What Happens to the Property After an Invalid Will?

If your loved one has passed away and the will is ultimately not deemed valid, you may have to go through the administration process.

Once you receive your letters of administration, and you’re ready to deal with the property, you may be in a position to sell it.

That’s where we can help.

I’ve been a real estate investor for the last 10 years, and I’ve helped hundreds of people sell their homes the easy way for cash. A lot of those properties have been probate and estate properties.

I’m also a licensed real estate agent here in the state of Georgia.

So whether you’re considering selling the property for cash or listing it traditionally, we’d be happy to talk with you about your options.

Ready to Sell Your Inherited Property?

If you’ve inherited a house in Georgia and you’re ready to sell the property, we’d be happy to talk with you.

Simply fill out the form below. A member of our team will be in touch with you as soon as possible.

You don’t have to figure out what to do with an inherited or probate property on your own. We can talk through your situation and help you understand your real estate options.

Thanks again for reading, and if you’re dealing with an inherited property in Georgia, we’d be happy to hear from you.