DeKalb County Probate Lawyers

• Informing named heirs and beneficiaries in the will
• Handing out assets to designated heirs and beneficiaries
• Paying/filing any remaining taxes on the estate
• Accounting for and determining the value of estate assets
• Working with creditors to settle remaining estate debts

Letters of Administration

In cases where an individual dies without a will, the probate court will issue letters of administration to appoint an administrator for the estate. This document grants the administrator legal authority to manage and distribute the deceased’s assets per state laws. The process involves petitioning the court; the administrator has similar responsibilities to those of a personal representative. 

The main difference between a personal representative and an estate administrator is that the administrator must adhere to Georgia’s intestacy rules rather than the decedent’s wishes per the will. This typically means that the administrator must distribute assets to the decedent’s next of kin, including their spouse, children, siblings, or parents. The distribution depends on the decedents' and their families’ legal circumstances.

The Length & Cost of Probate

The amount of time and money probate can take depends on multiple factors, such as the size of the estate and the assets included in it. Generally, probating a will in Georgia can take between eight months and one year. The exception to this timeframe is if the estate consists of real estate that must be sold, which can prolong the process.

The costs associated with probate include executor fees, legal fees, payment of any debts owed by the estate, and property/asset valuation expenses.

Resolving Debts with Creditors

One significant aspect of the probate process involves resolving the deceased's debts with creditors. Once the probate process is initiated, creditors are notified and allowed to present any claims against the estate. 

The personal representative or administrator is responsible for validating these claims and settling all legitimate debts. This includes paying outstanding bills, loans, and taxes before assets can be distributed to heirs and beneficiaries. Properly managing these debts helps avoid future conflicts or legal issues.

Contesting a Will

In certain situations, interested parties may choose to contest a will. A contest is a legal challenge brought forth by an individual who believes that the will is invalid or that they were wrongfully excluded from it. 

Common grounds for contesting a will include claims of 

• Undue influence: Exertion of pressure or manipulation on the will creator that leads to changes in the distribution of assets, usually to the benefit of the influencer
• Lack of testamentary capacity: This means the person who created the will (the testator) was not mentally sound at the time. This could be due to dementia, illness, substance abuse, or other factors that impair their judgment.
• Fraud: This involves deception, such as forging the testator's signature on the will or lying about its contents to trick them into signing it.
• Improper execution: Wills must follow specific legal procedures to be valid. This could involve not having the proper number of witnesses or the testator failing to sign the will.
• A more recent will: If the deceased created a new will after the one being contested, the newer will typically renders the older one invalid.

Successfully contesting a will requires substantial evidence, making it crucial to seek professional legal advice.

Year's Support Action

In Georgia, a year's support action is a legal provision that allows surviving spouses and minor children to claim a portion of the deceased's estate for their support for one year following the death. 

This claim takes precedence over most other claims against the estate and is intended to provide financial stability for the surviving family members. Filing a year's support action involves submitting a petition to the probate court and following specific legal procedures for a successful result.