Douglasville Attorney Helping You Through the Probate Process
After someone passes away, a will must go through probate. Probate also happens when there is no will or trust in place. This can be a time-consuming process that tends to be expensive and overwhelming. Scott K. Camp, LLC, is here to help. We have worked with clients throughout West Georgia and the greater Atlanta area who were unsure where to start. Our job is to make sure things are handled properly.
How Probate Works In Georgia
Georgia’s probate process follows a clear legal structure, but it can vary depending on whether or not a valid will exists. Here are the typical steps:
- Filing the petition: An executor files a petition with the probate court in the county where the deceased lived.
- Notification of heirs and creditors: All interested parties must be notified, including heirs and known creditors.
Validation of the will: If there is a will, the court will confirm its validity through witness testimony or affidavits. - Inventory of assets: The executor or administrator must identify and value all of the estate’s assets.
- Payment of debts and taxes: After legal notice to creditors and waiting for the “Creditor Claims Period” to expire, lawful debts must be paid before assets can be distributed to beneficiaries.
- Distribution of assets: Upon court approval, the remaining assets are distributed. This can be according to the will or Georgia’s intestacy laws.
Georgia offers a simplified probate option for uncontested estates called probate in common form, which can be quicker and less costly. More complex cases go through solemn form probate, which requires full notice and hearings.
On average, probate in Georgia takes 8-12 months but can take longer if disputes arise or the estate is especially large or complicated. We help clients manage delays and keep things on track.
Common Challenges We Help Clients Resolve
Even a straightforward estate can hit unexpected roadblocks. We help our clients navigate:
- Will contests from family members
- Missing or ambiguous estate documents
- Disputes over asset distribution
- Delays due to creditor claims
- Concerns about executor conduct or duties
If you’re facing any of these issues, any probate lawyer from our firm is ready to step in and help clarify your options.
Let Us Take Some Of The Burden Off Of Your Shoulders
In some situations, probate can be avoided. Trusts, for example, can sometimes bypass this process. But this is not always the case. More often than not, probate is necessary. The purpose is to make sure a will is being upheld as valid. This means that the decedent’s wishes will be met, exactly as they wanted them to be. For those that don’t have an estate plan, the state will take control and distribute assets as they deem fair. We can help you understand what this means for your situation.
As an executor or administrator of a will, you have a lot of responsibility. One of the ways to move probate along is to consent to the process. This gets the ball rolling. While you have to shoulder a lot of this burden, the right attorney can help. As your representation, our job is to make sure things are handled correctly. There are often roadblocks that can hold things up. We will do whatever we can to make this process simple. It’s important to remember that you don’t have to do this on your own.
Questions About Georgia Probate? We Have Answers.
Clients often come to us unsure of how probate works or whether they need to go through it. Below are answers to common questions we hear:
Can probate be avoided if there’s a will in Georgia?
Yes. However, if there are any assets that are not distributed by a trust or a beneficiary designation, the probate process will be required.
What happens if someone dies without a will in Georgia?
When there is no will, Georgia’s intestacy laws apply. The court will appoint an administrator and distribute assets to heirs based on a legal formula. This may not reflect the deceased’s wishes, which is why having a valid estate plan in place is so important.
Let’s Start The Probate Process. Call Now.
Probate cases are time-sensitive and acting quickly is imperative. Our firm is here for you from beginning to end. We also help those who are facing difficulties with family members over an estate plan. Call our office in Douglasville at 770-249-5734 to schedule a consultation today. You can also fill out our contact form online, and someone will be in touch with you as soon as possible.