Proficient Probate Lawyers In Atlanta – Serving Georgia

Probate is a legal process that is required following the passing of a person. This court-ordered procedure grants a third party the authority to collect the decedent’s property and assets, as well as to pay the decedent’s debts and taxes. Eventually, this person will be able to transfer all of the decedent’s assets to the heirs or beneficiaries.

In the State of Georgia, Probate is a process that on average can take eight months to about a year, depending on the assets and circumstances of the Estate. In the event that there is a dispute over the decedent’s estate—such as the Last Will and Testament, estate assets, determination of heirs, or creditor claims—the matter can become complicated and may take much longer to resolve. Contact us today at (470) 387-8787 if you’d like to speak with an experienced Atlanta probate lawyer regarding your unique circumstances.

Determining If Probate Is Necessary

A probate proceeding is not always required. Typically, probate may be required if the deceased individual had property or other assets solely in their name where a beneficiary was not or could not be designated. In some cases, assets can be transferred to the new owner without the need to enter the probate process; these are referred to as non-probate assets.

Examples of non-probate assets include:

1. Jointly-owned assets: These usually pass automatically to surviving owners.
2. Retirement accounts with designated beneficiaries: Any retirement accounts where the decedent named a beneficiary outside of the will.
3. Insurance policies or pension benefits: These proceeds are payable to the named beneficiary.
4. Trust-held assets: If the decedent’s assets are held in a revocable living trust or irrevocable trust transferred during life, they may avoid probate entirely.

The Role of a Personal Representative

When the deceased has named an executor in the will (also known as a personal representative in Georgia), this individual will need to settle the estate. If probate is required, the personal representative must petition the court to be formally appointed.

If no will exists or if the appointed executor cannot serve, the court will appoint a County Administrator who fulfills the same responsibilities. Per GA Code Ann. Section 53-6-20, the surviving spouse generally has first priority to serve as the personal representative, unless the couple was in the process of divorce before the death or the spouse is deemed unfit.

In Georgia, an administrator is required to post a bond with the probate court to protect the estate, and they must also take an oath promising to act in the estate’s best interests. After the oath, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These documents grant authority to:

• Collect and inventory the decedent’s assets,
• Arrange professional appraisals if necessary,
• Sell certain property or assets if needed,
• Pay outstanding taxes and debts, and
• Distribute remaining assets according to the will or state law.

Litigating Complex Probate Disputes

Due to the complexity of probate litigation, it is critical to have an experienced probate attorney on your side to protect your interests and navigate the legal system effectively.

Will Contests

Will disputes can arise when an heir or beneficiary believes the will offered for probate is invalid, was produced fraudulently, or there was some form of malice or undue influence. This can happen in any family. In Georgia, all heirs are entitled to receive notice of a petition to probate an Estate or a Last Will and Testament. Once served, the heirs have a specific period—defined by statute—to object or file a caveat.

Often, will contests are based on accusations of:

• Fraud
• Undue influence
• Improper execution
• Existence of a later will

If you believe a will is invalid or if you need to defend a valid will, we can represent you and help protect your rights.

Estate And Trust Litigation

Litigation involving estates and trusts may arise when beneficiaries or heirs suspect that the assets in an estate or trust are being mismanaged by the personal representative or trustee. In these cases, the court can be petitioned to require an accounting of the estate’s or trust’s actions and finances. If mismanagement or a breach of fiduciary duty is found, the court may remove the personal representative or trustee.

If you are involved in an estate or trust dispute or have a complex probate case pending in court, our attorney can use her extensive knowledge and experience to advocate for you and help you reach a resolution.

What Happens if Someone Dies Without a Will?

When a loved one passes without a will, the deceased is said to have died intestate. The probate court must then decide how the person’s assets and debts should be distributed, following Georgia probate laws.

Unfortunately, confusion and family disputes often arise under these circumstances. A will is generally created to clarify a person’s wishes. Without a will, the court distributes the estate according to Georgia law, which may not align with what the deceased or the family actually wanted.

If your loved one passed away intestate, contact our probate attorney. She can assess your situation and explain your available options.

What Is a Year’s Support?

In Georgia, the probate court can grant a petition for year’s support, allowing the spouse and/or minor children of the deceased to receive property from the estate before any debts are paid to creditors. Because year’s support can result in the spouse receiving most or all of the estate, other heirs or beneficiaries may challenge it.

A year’s support petition must be filed within two years of the death. Proper filing and listing all interested parties are crucial to success. To avoid any mistakes, it is wise to have an experienced probate attorney prepare and file this petition on your behalf.

Contact an Experienced Probate Attorney in the State of Georgia

There is a common misconception that probate is always a difficult process and that estates can be entirely depleted by fees. While probate can be stressful and sometimes emotional, it does not have to be a nightmare, especially in Georgia, which offers a simpler process compared to many other states. Working alongside a skilled Atlanta probate attorney can streamline the process significantly.

Every probate matter is different and may require additional steps or procedures. Seek the legal support of a qualified attorney as soon as possible to ensure you are fully protected.

The Atlanta Estate Attorneys North are well-equipped to handle even the most complex probate proceedings. Contact our firm online or at (470) 387-8787 to schedule an appointment with an experienced Atlanta probate attorney and learn how we can help in your unique circumstances.