Probate

Probate

When someone you love passes away, it can be one of the most trying times imaginable.  Suddenly, you feel flooded with issues that you never fathomed.  What do do with bank accounts, debts, houses, cars, etc. can be daunting, at best.  On top of that, tensions may rise among other heirs, especially when they disagree with the deceased family member's last wishes.  Times like these require skill, attention to detail, and an excellent bed side manner.  These are all things that our Georgia Probate Attorneys pride themselves on.

Our attorneys have been regularly appointed as conflict probate judges and guardians ad litem.  We know the systems and processes to help effectuate your loved one's last wishes, and allow you the time and space necessary to grieve their loss.

What if my loved one died without a will?

If a person in Georgia dies without a will, it may still be necessary to proceed to probate.  However, rather than filing a petition to probate a will, you will need to file a petition for letters of administration.  This allows the probate judge to appoint an administrator of the deceased person's estate.

What if I think there is a problem with my deceased loved one's will?

If you believe that the signature on a will is not authentic, or maybe that the deceased was not of sound mind at the time of the will execution, you can file what is called a “caveat” to the petition for probate.  Essentially, this is an objection which requires the Executor of the will to prove that the will was executed properly, and that the terms of the will should be carried out.

What is a "Year's Support"

When a person dies in Georgia, their spouse or minor children may file a petition for year's support.  This applies even if they were disinherited per the language of the will.  The law allows the spouse or child to request that one year's worth of support be carved out of the estate to provide for the spouse or children.

What is a holographic will?

A holographic will is a will that is not executed with all the formalities required by Georgia law.  A valid will must have two witnesses and a notary.  If not, then the will is considered to be “holographic,” and the estate is treated as if the person died without a will at all.

What is an Executor?

When a testator names an executor in his/her will, it means that the testator wishes for that person (the executor) to handle their estate. This means that the executor is responsible for admitting the will to probate, paying all of the estate's debts, and distributing all of the estate's assets in accordance with the will.

What is a Beneficiary?

A beneficiary is someone who receives a gift from a testator through their will.