What if I want to challenge the validity of a will?

If you believe that a will is not valid for any reason in Georgia, then you can challenge its validity in court. To challenge a will in Georgia, the person who wishes to challenge the will must file a document called a “Caveat” at the probate court along with a fee. The Caveat is a document that states that the person who wishes to challenge the will believes the will to be invalid or defective. The person challenging the will must also provide evidence of why they believe the will is invalid. Once the Caveat is filed, the probate court will set a date for an evidentiary hearing to allow the person challenging the will to prove that they believe the will to be invalid. During the evidentiary hearing, the person challenging the will must present evidence to prove that the will is invalid. This can include testimony from witnesses, documents, or any other evidence that supports the challenge. If the person challenging the will is successful, then the court will declare the will to be invalid and the estate will be distributed according to the laws of intestate succession. If the challenge is unsuccessful, then the will is considered valid and will be used to distribute the estate according to the will’s provisions.

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