Everything You Need to Know About the Georgia Probate Process
Speak with a trusted Probate lawyer in Cherokee County, Georgia.
What Is Georgia Probate?
Georgia probate is a legal process by which a legally-designated person gathers and distributes a deceased person’s assets. Learn more here.
When someone dies, it’s often required for the individual’s estate to be administered. That legal process is called probate. This process gives a personal representative, who is also called an executor, the authority to perform specific administrative duties, such as gathering the deceased’s assets, paying debts and taxes, as well as distributing assets to beneficiaries.
However, sometimes the probate process can be complicated. For example, if the family challenges the validity of the will in court, the whole process will not go as smoothly as usual. In that case, having an experienced estate attorney who knows how to deal with these legal matters is crucial. The trusted estate planning law firm of Faulkner Law can help you find a resolution to your probate issues.
Faulkner Law serves all of Atlanta, GA, including Fulton County, Cobb County, Gwinnett County, Dekalb County, and Forsyth County.
Is Georgia Probate Process Necessary?
Not all estates have to go through probate. Some assets like a home with a joint tenancy are automatically passed to the appropriate heir or surviving owner. Other assets that don’t require going through probate are usually ones where the beneficiary has been named outside of the will or assets payable to the named beneficiary, such as:
- Retirement accounts.
- Bank accounts payable-on-death.
- Pension benefits or life-insurance proceeds.
- Assets in a revocable living trust.
But, if the deceased person owned property or assets in his or her name alone, probate court proceedings are necessary.
How to Avoid Probate in Georgia
Georgia Uniform Probate Court Rules
Georgia Probate Forms
Georgia Probate Laws: What Can You Do If There’s Not Enough Money?
If there isn’t enough money to pay all the estate’s bills, an executor has to prioritize claims as stated in state laws. The family of the deceased has to be paid first. Children who are younger than 18, along with the surviving spouse, are entitled to a year’s support. Funeral expenses, probate costs, expenses of the deceased’s last illness, and taxes are next in the exact same order.
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