Probate

Probate is the process courts use to divide your money and assets. If you have a will, then the will can be enforced through the probate courts by a judge. After an individual dies, the person named as executor in his or her will files papers with the court, informing the court that the individual passed. If there is no executor named in the will, the court appoints someone to take on the executor role. Next, the executor must prove legitimacy of the person’s will and provide the court with an inventory of the decedent’s property and debts, as well as a list of people who are named in the will as beneficiaries.

Probate can be a long, expensive, and often confusing process. It can take over a year to complete because of the many steps that the executor must accomplish. The more complex the estate or will, the longer it takes to tie up loose ends and the more it will cost the beneficiaries. The executor must secure and manage the decedent’s assets that remain unsold or undistributed during the pending probate proceeding. For specific assets that are not distributed to a beneficiary, the executor must get court approval to sell or distribute the property.

A person who dies without a will is referred to as intestate. Georgia has a set of laws that decides how a deceased individual’s property and money should be distributed if they pass without a will.  Georgia law provides a list of the decedent’s family in the order they will receive a portion of the decedent’s estate after taxes and creditors are paid.  Yep, taxes and creditors come first if you die without a trust or a will.  The spouse and then the children then inherit due to Georgia Intestacy Law.

In the event the person dies single and has no surviving children, their parents are next in line to receive the property. If they have no surviving parents at the time of death, the estate is divided among their surviving siblings in equal shares. If an individual passes without surviving siblings, the property goes to grandparents, aunts, uncles, or first cousins.

The length of the process depends on the type of estate that needs probate. Simple estates take less time, between 6–12 months. More complex or contested estates can take 1–2 years or more. The timeline depends on factors like the size of the estate, whether there’s a valid will, and if any disputes arise.

While Georgia law doesn’t require an attorney for probate, having one can be very helpful—especially if the estate is large or complex, there are family disputes, and the will is unclear or contested.

A probate attorney can guide you through the process, help avoid mistakes, and make things easier during a stressful time.

Your estate consists of all property owned by you at death. An estate may contain both real property (real estate, including houses and investment properties) and personal property (all other property, including bank accounts, securities, jewelry, and automobiles).

A guardianship is a legally recognized status used when a person can no longer make sound or safe decisions regarding their medical care. A guardianship involves suspending or removing a person’s rights, so the appointment process is lengthy. To appoint a guardian, one must apply to the court with a petition. A detailed explanation must be provided of the events, or concerns, requiring the appointment, and why it should be you. The law requires clear and convincing evidence to prove the person’s lack of capacity. In addition, the individual has the right to object during the process.

After the court appoints a guardian, they have responsibilities when it comes to the individual’s care and treatment. The guardian oversees any medical treatment that the individual receives in addition to determining the individual’s location of residence. The guardian can make end-of-life decisions on behalf of the individual. Guardians also determine when it is appropriate to release the individual’s private information. Due to the broad scope that a guardian receives, courts take great care when pursuing the appointment of a guardian.

A conservatorship is similar to a guardianship; it is a legally recognized status used when a person can no longer make sound or safe decisions regarding their assets and property. A conservatorship involves suspending or removing a person’s rights to make financial decisions, so the appointment process is lengthy. To appoint a conservator, a person must apply to the court. This person provides a detailed explanation with evidence of the events or concerns necessitating the appointment of a conservator and why it should be you.

After the court appoints a conservator, they have responsibilities when it comes to the individual’s financial affairs. The conservator oversees any financial decision regarding the person’s finances, property, or other assets.