29 Jul, 2022
Did a family member of yours recently pass away? If they did, allow us to express our deepest sympathies for our loss. Death is hard, and it’s even harder when you find yourself facing the probate process. Probate is a complex legal ordeal that may be necessary in order to carry out the contents of your loved one’s will and settle their estate; it takes up a lot of time and requires you to sort through a lot of red tape and paperwork. Losing someone you love is already tough; dealing with the legalities is the last thing you want to be doing. You may never have even heard of probate until now – most Georgia residents haven’t – and you may be at a loss for what to do next. It’s a legal process, so does that mean that you need a probate lawyer in Georgia to probate a will, or is it something you can handle on your own? The answer to that question is best explained by looking at what probate is and what it involves. What Is Probate? Probate is a lengthy, complicated Georgia court process designed to administer – or distribute – the estate of a deceased person, who is legally known as the decedent. The family left behind has to close the estate by submitting the will to the court and transferring ownership of the decedent’s personal property and real estate according to the terms of the will through a variety of court-supervised steps , including: Opening A Safe Deposit Box, If The Will Is There Often, decedents left their will in their home or with their lawyer, but sometimes, decedents left their will in a safe deposit box in a bank. The will must be filed with the court in order to start probate. If the family knows that it’s in a safe deposit box, they first need to petition the courts and the bank for access to the box. If the petition is successful, the bank submits the will to the probate court. In addition, if the bank finds any life insurance policies within the box, they must offer those to the listed beneficiaries. Anything else in the box stays there until the state appoints an executor over the estate. Appointing A Representative Wills name a personal representative, or executor, who is responsible for executing the will and overseeing probate. Their job is to follow the will’s directions and the court’s procedures in order to carry out the terms of the will. The representative/executor must be approved by the court before they can begin addressing their responsibilities. Choosing A Type Of Probate The executor has to file probate forms and has two options for how to probate a will in Georgia. The first is common form probate. This is the easiest type. It doesn’t require the representative/executor to handle as many steps; it is designed to simply pass the decedent’s property on. However, common form probate won’t be “officially” closed for four years, meaning that any issues can arise and anyone can contest the will during that time. The second form is known as solemn form probate. This requires the representative/executor to formally notify any creditor or beneficiary who has interest in the will as part of the probate process. The parties have a chance to contest any decisions, but as soon as probate is closed, it is legally binding, and they are no longer able to raise any issues. Petitioning For A Year’s Support Any surviving spouse or children may petition the court to set aside property in the estate that may help support them for one year. This petition is unique to Georgia law! If the petition is successful, the spouse or child has absolute priority over any other recipient of that property outlined in the will. Inventorying The Decedent’s Assets The representative/executor must take a total inventory of the decedent’s estate – a summary, evaluation, and appraisal of everything they owned. This inventory must be completely accurate. After taking inventory, in solemn form probate, a copy must be sent to every party involved with the will. Settling Debts, Claims, Taxes After the representative/executor finishes the inventory, they must settle any claims against the estate and pay any either negotiated or original outstanding debts that the decedent had. A final tax return must be filed, and any outstanding taxes owed must be paid. Ending Execution Duties When they finish distributing assets, settling debts and claims, taking inventory, and filing other probate paperwork, the representative/executor fulfills their role. With their job finished, they must formally petition the court for the discharge of their duties. When the petition is successful, the court closes the will and the estate of the decedent and ends the probate process. Why Do You Need A Lawyer? Many people hesitate to hire a Georgia lawyer to probate a will because they either do not understand all of the time involved or because they think that it will make things more complicated, but a probate attorney actually helps to save time, money, and stress during the process by eliminating complications that could otherwise arise and protecting you from probate’s pitfalls. Probate takes about 12 to 18 months to finish (sometimes it goes faster and sometimes it takes longer, depending on the specific circumstances). However, the process is front-loaded with paperwork and research. For grieving families, this means spending a lot of time trying to navigate legalities instead of mourning in peace or comforting family members. Having a probate lawyer’s help will take the burden of research and paperwork off you; a probate lawyer can handle everything so you can focus on what matters most. Another thing a probate lawyer helps you do is to avoid mistakes. Completing probate requires submitting detailed records and paying court fees to set them into motion. While the money does come from the estate and not from your own pocket, any costs involved will deplete the estate and decrease the inheritance your family receives. Even the tiniest mistake can cause you to have to start over or incur additional fees; bigger mistakes, such as conflict that arises if the will is contested and is not handled properly, can even result in full-blown lawsuits and litigation fees. A probate lawyer will draft and review all of your documents before submission, preventing errors, reducing the chances of costly resubmission, and decreasing your personal liability. Peach State Probate Can Probate A Will & Make The Process Easier. Technically, you don’t need a lawyer to probate a will in Georgia according to state laws, but it’s in your best interests to have one! Don’t go through probate alone. Trust Peach State Probate to help you move forward with confidence. Our compassionate legal guidance, extensive experience, and legal knowledge can make a major difference in how efficiently and quickly your case is resolved! Call today to book a free consultation with our lead attorney, Calvin A. Edwards, Jr., and learn more about what our firm can do to serve you.