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Frequently Asked Questions

Frequently Asked Questions About Georgia Probate Law

1. What is probate and when is it required in Georgia?

Probate is the court-supervised legal process of settling a deceased person’s estate. In Georgia, probate is typically required when someone dies owning assets in their name alone, such as real estate, bank accounts, or personal property. The process involves validating the will (if one exists), identifying and appraising assets, paying debts and taxes, and distributing remaining property to beneficiaries according to the will or Georgia intestacy laws.

The probate process in Georgia typically takes 6 months to 2 years, depending on the complexity of the estate, whether disputes arise, and how quickly required tasks are completed. Simple estates with clear documentation and no conflicts may be resolved in 6-12 months, while complex estates with business interests, real estate, or family disputes can take much longer. Our team works diligently to expedite the process while ensuring all legal requirements are met.
Probate costs in Georgia include court filing fees (typically $200-$400), attorney fees, executor compensation, appraisal fees, and potential tax preparation costs. Attorney fees vary based on the estate’s complexity and size. At Peach State Probate Law Group, we provide transparent fee structures and work efficiently to minimize overall costs while ensuring proper administration of the estate.
While Georgia law doesn’t require an attorney for probate, the process involves complex legal requirements, strict deadlines, and potential liability for executors. Working with an experienced probate attorney like Calvin Edwards helps avoid costly mistakes, ensures compliance with all legal requirements, and provides protection for executors and beneficiaries. Our expertise can actually save time and money by preventing common pitfalls.
When someone dies without a will (intestate) in Georgia, their assets are distributed according to state intestacy laws. The surviving spouse and children typically inherit the estate, with specific portions determined by family circumstances. If there’s no spouse or children, assets pass to parents, siblings, or other relatives in a predetermined order. The court will appoint an administrator to handle the estate administration process.
An executor is someone named in a will to handle the deceased person’s estate, while an administrator is appointed by the court when there’s no will or the named executor cannot serve. Both have similar responsibilities: gathering assets, paying debts, filing necessary documents, and distributing property to beneficiaries. The main difference is that executors derive their authority from the will, while administrators receive authority from the court.
As an executor or administrator, you have fiduciary duties including: locating and securing all estate assets, filing the petition for probate, notifying beneficiaries and creditors, obtaining appraisals, paying valid debts and taxes, maintaining accurate records, filing required court documents, and distributing assets according to the will or intestacy laws. You must act in the estate’s best interests and can be held personally liable for mistakes or breaches of duty.

Yes, probate can often be avoided or simplified through proper estate planning. Assets held in living trusts, jointly owned property with survivorship rights, accounts with beneficiary designations, and assets under Georgia’s small estate threshold may avoid probate. However, even with good planning, some assets may still require probate. We can help evaluate your specific situation and recommend strategies to minimize probate requirements.

Georgia allows a simplified process for small estates valued at $25,000 or less (excluding real property and exempt property). Heirs can use a small estate affidavit to claim assets without formal probate proceedings. This process is faster and less expensive than full probate but has strict requirements and limitations. We can help determine if your estate qualifies and assist with the proper procedures.
During probate, the executor must identify all debts, notify creditors, and pay valid claims from estate assets before distributing property to beneficiaries. This includes funeral expenses, medical bills, credit cards, mortgages, and taxes. Georgia has specific procedures for creditor notices and claim periods. The executor may also need to file final income tax returns and, for larger estates, federal and state estate tax returns.
Probate disputes can arise over will validity, asset distribution, executor conduct, or creditor claims. Common disputes include will contests, beneficiary disagreements, and challenges to executor decisions. Calvin Edwards has extensive experience resolving probate disputes through negotiation and, when necessary, litigation. Early legal intervention often helps resolve conflicts more efficiently and cost-effectively than prolonged court battles.
Yes, wills can be contested in Georgia on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. However, will contests must be filed within specific time limits and require substantial evidence. Not all disagreements with a will’s terms constitute valid grounds for contest. We can evaluate potential will contest claims and represent clients in both bringing and defending against such challenges.
Assets that typically go through probate include real estate owned solely by the deceased, bank accounts without beneficiaries, personal property, business interests, and any assets not properly transferred to a trust. Assets that generally avoid probate include jointly owned property with survivorship rights, life insurance with named beneficiaries, retirement accounts with beneficiaries, and assets held in living trusts.
Real estate owned by the deceased typically must go through probate unless it was jointly owned with survivorship rights or held in trust. The property must be appraised, maintained during the probate process, and either distributed to beneficiaries or sold to pay estate debts. Special procedures may apply for the family home or when beneficiaries disagree about keeping or selling the property.
The Georgia probate court oversees the entire probate process to ensure proper administration of estates. The court validates wills, appoints executors or administrators, reviews inventories and accountings, approves asset sales when necessary, resolves disputes, and authorizes final distributions. The court’s supervision protects the interests of beneficiaries, creditors, and ensures compliance with Georgia probate laws.
Georgia law allows executors to receive reasonable compensation for their services, typically calculated as a percentage of the estate’s value or based on the time and effort involved. The exact amount depends on the estate’s size, complexity, and local court practices. Executor fees are considered administrative expenses and are paid from estate assets before distribution to beneficiaries.
Business interests owned by the deceased require special attention during probate. The executor must determine the business value, ensure continued operations if necessary, and handle the transfer or sale according to the will or applicable laws. Business succession planning, partnership agreements, and buy-sell agreements can significantly impact how business interests are handled during probate.

Yes, estate property can often be sold during probate, but the process requires court approval and proper procedures. Sales may be necessary to pay estate debts, taxes, or when beneficiaries prefer cash over property. The executor must obtain appraisals, provide proper notice, and sometimes conduct public sales. We handle all aspects of estate property sales to ensure compliance with Georgia requirements.

Executors must maintain detailed records of all estate transactions, including asset inventories, receipts, disbursements, tax payments, and distributions. Georgia courts require periodic accountings showing all estate activity. Proper record-keeping protects the executor from liability and ensures transparency for beneficiaries. We help executors establish proper accounting systems and prepare required court filings.

Calvin Edwards and Peach State Probate Law Group bring decades of experience in Georgia probate law, offering compassionate, detail-oriented service during difficult times. We handle all aspects of probate administration, from initial filings to final distributions, while providing clear communication and proactive guidance. Our expertise helps families avoid common pitfalls, resolve disputes efficiently, and ensure the deceased’s wishes are honored while protecting beneficiaries’ interests.

The information provided in these FAQs is for general informational purposes only and does not constitute legal advice. Each probate case is unique, and specific legal guidance should be obtained from a qualified attorney. Contact Peach State Probate Law Group for personalized assistance with your probate matters.

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