DeKalb County Probate Lawyers

During our many years of practicing Georgia family law, clients often come to us after a loved one has died with questions about probate, a term you may have heard but may not fully understand.

Probate is the legal process of settling a deceased person’s estate. The probate court oversees the process, ensuring that all legal and financial obligations are met and that the decedent’s wishes, as expressed in their will, are honored. This often necessitates the involvement of an executor or an estate administrator, who manages the estate throughout the probate proceedings.

If you have been named as the personal representative or a beneficiary in a will, E.N. Banks-Ware Law Firm can provide crucial advice and guidance. We have helped countless clients with probate, including resolving disputes regarding wills and other issues.

Schedule a consultation with a DeKalb County probate attorney to discuss your needs or concerns. You can reach E.N. Banks-Ware Law Firm online or at (470) 523-3135.

Understanding the Probate Process in Georgia

In probate, the deceased person’s will is validated; if no will exists, their estate is administered according to state laws. This process involves gathering the deceased’s assets, paying outstanding debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. Although this may seem straightforward, probate can be a daunting and complex legal proceeding, depending on the estate. Being named a personal representative (often referred to as an executor) is a serious responsibility. In this role, you are considered a fiduciary and can be liable for any mistakes or misdeeds. Moreover, managing a loved one’s estate can become more complex if the will’s validity is questioned. This is why it is critically important to have proper legal representation.

When Is Probate Necessary in Georgia?

Generally, when a decedent dies and has a will, their estate is probated. However, specific property is excluded from the process, including: Jointly owned property that the decedent’s spouse has a right to keep; Retirement assets and life insurance policies; Property the decedent has in a revocable living trust; Any banking or investment accounts that have a “payable on death” designation. If no will exists and the estate is worth less than $10,000 (the small estate threshold), any heir can petition the court for an order stating that no administration is necessary. The court will grant the request if all the heirs agree on dividing the assets and no debts or creditors raise objections.

How Probate Typically Works in DeKalb County

The probate court oversees and handles probate cases in the county where the decedent lived. The individual named the personal representative typically must fulfill the decedent’s wishes stated in their will and distribute estate assets to the beneficiaries. The first step in the process is to seek a formal appointment as the personal representative by the court. A hearing is held at which the personal representative takes an oath. The court then issues “Letters Testamentary,” a legal document that authorizes the personal representative to carry out their duties. These duties include: 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 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.

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, the exertion of pressure or manipulation on the will creator; lack of testamentary capacity, meaning the testator was not mentally sound at the time due to dementia, illness, substance abuse, or other factors; fraud, which involves deception such as forging the testator’s signature or lying about its contents; improper execution, since wills must follow specific legal procedures to be valid; and a more recent will, since 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.

Turn to E.N. Banks-Ware Law Firm for Capable Probate Assistance

If you need assistance with any aspect of probate or settling a family member’s estate, including resolving debts, understanding asset classifications, or managing trusts, our experienced attorneys are here to help. With decades of applicable experience in this field, our team is fully equipped to help you resolve any issues and make the probate process as smooth and efficient as possible. Contact us by email or at (470) 523-3135 to discuss your case today.