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Ray v. Stevens

The decedent's brother lacked standing to offer the decedent's will for probate pursuant to O.C.G.A. § 53-5-2.

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In this case we must determine whether the brother of a decedent had standing to offer the decedent’s will for probate pursuant to OCGA § 53-5-2. For the reasons set forth below, we hold that the brother, Propounder Thomas Arthur Stevens, did not have standing to offer the will for probate because he was not an “interested person” as required by OCGA § 53-5-2. Accordingly, we reverse.

On or about August 28, 2008, decedent Grady Williams Stevens was diagnosed with pancreatic cancer and was given approximately four weeks to live. He began a strenuous regimen of pain medications to provide him relief during his last weeks, and his daughter, Sherry S. Ray, began caring for him at her home. On September 17, 2008, the decedent signed a will naming Ray as executrix and sole beneficiary and signed two deeds conveying certain real property to Propounder Stevens and his sister. On October 7, 2008, the decedent died. The attorney who had prepared the decedent’s will and the two deeds subsequently filed the will with the probate court.

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