Premier Atlanta Probate Attorney

Specializing in Inheritance Litigation in Georgia

Probate and Inheritance Litigation Law Firm

Welcome to Peach State Probate Law Group, your trusted partner for probate and related estate administration services across Georgia. Located in metro-Atlanta for over 24 years, our dedicated team of legal professionals is committed to guiding you through the complexities of probate with compassion, expertise, and practical solutions.

Probate is a crucial process that ensures the proper distribution of a deceased person’s assets, according to their will or state law, while addressing any debts and legal obligations. At Peach State Probate Law Group, we understand that navigating the probate process can be challenging, especially during a time of loss. Our experienced attorneys are here to provide you with the support and clarity you need to move your process forward. We offer a comprehensive range of probate services, including:

Filing petitions to open probate
Distributing assets to beneficiaries as per the will or state law
Contesting fraudulent deeds
Recovering assets due to elder abuse
Establishing Guardianship
Handling any disputes that may arise during the probate process

Our goal is to ensure a smooth and efficient probate process, minimizing delays and reducing stress for you and your family. At Peach State Probate Law Group, we stay up to date on the latest changes in Georgia probate law, ensuring that your case is handled with the utmost professionalism and attention to detail.

Whether you’re facing a straightforward probate or a more complex situation, Peach State Probate Law Group is here to help you every step of the way. Let us handle the legal intricacies, so you can focus on honoring your loved one’s memory and moving forward.

Contact our Georgia Attorneys at 470-619-2424

Our Practice Areas

Probate

Inheritance Disputes

Will and Trust Contests

Contested Probate Matters

Executor/Trustee Disputes

Fraudulent Deed Transfers

Guardianships

Financial Elder Abuse

Trust Administration

Inheritance Law

Probate Administration

Executor Duties

Probating a Will

Estate Fraud

Conservatorships

Contested Wills

Trust Litigation

Fiduciary Litigation

Estate Mediation

Dispute Resolution

Meet Calvin Edwards

Choosing the Right Attorney Matters

Calvin Edwards brings a wealth of experience and dedication to the field of probate and estate administration in Georgia. With a deep understanding of the complexities surrounding these legal matters, Calvin has been helping clients throughout the state navigate the probate process and efficiently administer estates. His approach combines thorough legal knowledge with a compassionate understanding of each client’s unique situation, ensuring that all probate and estate administration needs are met with the utmost care and attention to detail.

Choosing the right attorney for your probate and estate administration needs is crucial, as these processes can be complicated and time-consuming for grieving families. Calvin Edwards stands out as a trusted professional in this field, offering personalized guidance through the Georgia probate court system. Whether you’re serving as an executor, need assistance with estate inventory and appraisal, distribution of assets to beneficiaries, or resolving creditor claims, Calvin’s extensive experience in probate matters makes him an ideal choice for residents across Georgia. By working with Calvin, you can navigate the probate process with confidence, knowing that your legal obligations are being fulfilled properly while respecting the wishes of your loved one.

Client Testimonials

Frequently Asked Questions:

What is probate in Georgia and how long does it typically take?

Probate is the legal process where a deceased person’s will is validated, their assets are gathered and distributed, and their debts are paid. In Georgia, the process typically takes 6-12 months for simple estates but can extend to several years if there are complications or disputes. The timeline depends on factors like estate size, asset complexity, and whether any will contests arise.

What happens if someone challenges a will in Georgia?

A will contest can be filed if there are concerns about the validity of the will, such as questions about the testator’s mental capacity, undue influence, or fraud. In Georgia, only interested parties (those who would inherit under the will or by law) can contest a will. The challenge must be filed within the statutory timeline after the will is admitted to probate. During a contest, the probate process may be suspended until the dispute is resolved.

What is a guardianship and when is it necessary?

Guardianship is a legal arrangement where the court appoints someone to make personal and/or financial decisions for an incapacitated adult or minor. In Georgia, guardianships may be necessary when an adult becomes mentally or physically unable to manage their affairs, or when minor children need someone to legally act on their behalf. The process requires filing a petition with the probate court and may involve medical evaluations and court hearings.

What’s the difference between a living trust and a will in Georgia?

A will is a document that takes effect after death and must go through probate, while a living trust takes effect immediately and allows assets to pass to beneficiaries without probate. With a trust, you transfer ownership of assets to the trust during your lifetime, maintaining control as trustee. Unlike wills, trusts offer privacy since they don’t become public record and can provide for asset management if you become incapacitated.

How can I protect my estate from potential litigation?

To minimize the risk of estate litigation, consider steps like documenting your mental capacity when executing estate documents, communicating your intentions to family members, using no-contest clauses where appropriate, and keeping your estate plan updated. Working with an experienced estate planning attorney can help ensure your documents are properly drafted and executed to withstand potential challenges.

What are the duties of a guardian in Georgia?

A guardian’s responsibilities include making personal and/or financial decisions for their ward, filing required reports with the court, and acting in the ward’s best interest. For guardians of minors, this includes making decisions about education, healthcare, and daily care. For guardians of incapacitated adults, duties may include arranging medical care, selecting living arrangements, and managing daily affairs. Regular accountings to the court may be required.

What role does the probate court play in trust administration?

While trusts generally operate outside probate court supervision, the court may become involved in certain situations. These include trust contests, requests for trustee removal, demands for accountings, or when interpretation of trust terms is needed. The probate court can also hear cases involving breach of fiduciary duty or disputes between trustees and beneficiaries.

Can someone serve as both guardian and trustee?

Yes, one person can serve as both guardian and trustee, though this creates additional fiduciary responsibilities. The guardian/trustee must carefully document their actions in both roles and ensure they’re acting in the best interest of the ward/beneficiary. In some cases, having separate people serve in these roles provides better checks and balances.

What happens if I die without a will in Georgia?

Dying without a will (intestate) means your assets will be distributed according to Georgia’s intestacy laws, regardless of your wishes. Your estate will still go through probate, but the court will appoint an administrator rather than an executor. This can lead to increased costs, delays, and potential family disputes. The probate court will also determine guardianship arrangements for any minor children.

How can a trust help avoid probate litigation?

Trusts can help reduce the likelihood of litigation by providing clearer asset management and distribution instructions, maintaining privacy, and potentially making it harder to contest than a will. They can also include provisions for professional management if needed and specific requirements for dispute resolution. However, trusts must be properly funded and administered to provide these benefits.

What are the grounds for removing a trustee or executor in Georgia?

Trustees or executors can be removed for various reasons, including breach of fiduciary duty, mismanagement of assets, self-dealing, failure to follow trust/will terms, or inability to perform duties. The probate court handles these proceedings, which can be initiated by beneficiaries or other interested parties. Evidence of misconduct or incompetence must be presented to the court.

How do guardianship and conservatorship differ?

In Georgia, guardianship refers to authority over personal decisions (healthcare, living arrangements, etc.), while conservatorship involves managing financial affairs. The court can appoint the same person for both roles or different people depending on the circumstances. Both positions require regular reporting to the court and acting in the ward’s best interest.