Atlanta, Georgia Probate, Wills, Trusts and Estate Lawyers Who Have the Answers

When a loved one dies, grieving survivors face the overwhelming task of settling the deceased person’s estate. In Atlanta, heirs, beneficiaries, administrators, executors, and personal representatives must follow certain probate procedures in order to administer the decedent’s estate properly. Following are some of the common questions our Atlanta probate and estate administration lawyers frequently receive from clients:

Georgia probate lawyers? What does probate mean?

Probate is the legal process by which the validity of the decedent’s will is proven, meaning that the courts determine whether the will meets the requirements set forth by the state of Georgia. The probate court will then appoint an executor to distribute the estate. If the will is invalid or the decedent died without a will, the courts will appoint an estate administrator to distribute the decedent’s estate according to Georgia state intestacy laws.

How do I know if my loved one’s estate has to go through Georgia probate?

In general, if the deceased person owned any type of property with title at the time of death, including a motor vehicle, home, or other real estate, and that property was not titled as “joint tenants with rights of survivorship,” it is necessary to go through probate to transfer the property to the decedent’s heirs or beneficiaries.

Do all assets have to go through Georgia Probate Court?

No. In Atlanta and throughout Georgia, some assets can be transferred upon death without going through the probate court. These assets, referred to as non-probate assets, generally include investments or accounts with a named beneficiary. Examples include 401(K) accounts, IRA accounts, and proceeds from life insurance policies.

What happens if someone challenges or objects to the will?

When someone takes legal action challenging the validity of a will or terms of the will, this is referred to as a “will contest". Although difficult to prove without the assistance of a skilled Atlanta probate and estate administration lawyer, legal grounds for a will contest in Atlanta include improper execution of a will, fraud or forgery, the existence of a later will, and incapacity of the decedent at the time the will was written.

What is estate administration in Georgia?

All property owned by a person at the time of death becomes part of his or her estate. Estate administration is the entire process of probating the decedent’s estate in accordance with the will or a trust (or in accordance with Georgia state intestacy laws if no will or trust exists). Estate administration includes appointment of an executor or administrator, paying claims against the estate and distributing any remaining estate assets to the beneficiaries.

How long does probate and estate administration take in Georgia?

Factors including the estate’s size and complexity influence how long the probate and estate administration process will take. Larger estates or complicated estates can take years to settle and are often costly. Smaller estates may qualify for Georgia’s simplified probate process. Regardless of the size or nature of the estate, the legal requirements of the probate process often require the expertise of an Atlanta probate and estate administration attorney.

What are the responsibilities of an estate executor or administrator in Georgia?

An estate executor or administrator has numerous responsibilities, which include:

• Initiating probate
• Gathering all of the estate assets
• Maintaining an inventory of all of the estate’s assets
• Paying debts and other obligations owed by the decedent at the time of death.
• Keeping a written record or “accounting” of all income received and expenses or payments made by the estate.
• Managing and distributing estate assets in accordance with the decedent’s will and Georgia probate law.
• Closing the estate.

Due to the technical requirements and complexity of probate and estate law, Atlanta executors and administrators often require the aid of an experienced Atlanta probate and estate administration lawyer to ensure probate and estate administration procedures are followed correctly.

Whether you are an estate executor, administrator, or beneficiary, our Atlanta probate and estate administration lawyers can guide you through the Georgia probate and estate administration process.

Contact Us

The Adams Law Offices probate and estate administration attorneys have significant experience representing beneficiaries, heirs, and fiduciaries. To learn more about how the Atlanta, Georgia estate and probate administration attorneys at The Adams Law Offices can protect and advance the best interests of you and your family, contact our Atlanta office to schedule a consultation. Our Main Office is conveniently located in Buckhead near the Buckhead Loop and conveniently located near the intersection of Piedmont and Peachtree Roads near the Buckhead Triangle. Contact our Main Office by calling our Main Number (404) 467-8611, Toll Free 1-877-412-3267 or through our Buckhead confidential Contact Us Form.