Are You Feeling Overwhelmed By Probate Responsibilities In Georgia?

If you are the executor of an estate or the adult child of a deceased parent, you probably have a multitude of questions about what to do and how to do it. Even for a modest estate, the amount of work and the complexity involved can be overwhelming.

At Lerman Law Associates, P.C., our probate attorneys have the knowledge and experience needed to manage probate and estate matters in an efficient, timely manner.

What To Expect With The Georgia Probate Process

The probate process in Georgia follows specific legal steps. Our Greater Atlanta probate attorneys and estate planning lawyers help clients at every stage, including:

1. Filing the petition: The process begins when a petition is filed in the probate court in the county where the deceased resided.
2. Validating the will: If a will exists, the court confirms its authenticity before proceeding.
3. Appointing an executor or administrator: The court designates the individual responsible for managing the estate.
4. Inventorying and valuing assets: All property, financial accounts and belongings are identified and appraised.
5. Paying debts and taxes: Estate funds are used to settle outstanding obligations.
6. Distributing assets to beneficiaries: Once debts are cleared, the remaining assets are transferred according to the will or state law.
7. Closing the estate: A final accounting is submitted to the court, officially ending the probate process.

Navigating the probate process with the help of an experienced attorney helps ensure the estate is settled in compliance with Georgia law and there are no unnecessary delays.

You Do Not Have To Navigate Probate Alone

It is commonplace for an executor to live hundreds or even thousands of miles away from their loved one who has passed. The distance, even in today’s wired world, can make it impossible for the executor to fulfill their administrative responsibilities.

That is where our attorneys can help.

We have the knowledge and experience needed to organize and complete the tasks that are necessary for probate, estate administration and trust administration. This can include:

• Transfer of property ownership
• Taxes
• Guardianships
• Will contests and other disputes
• Disbursements

Plus, we know you want the work to be completed in a prompt, efficient manner. That is what we will do.

Understanding Probate And Real Estate Issues

Real estate is often one of the most valuable assets addressed during probate, and our Alpharetta probate lawyers assist executors in managing the legal process effectively. Key steps in handling real estate during probate may include:

• Obtaining court approval: Most property sales in probate require the court’s permission before proceeding.
• Securing an appraisal: Establishing the property’s fair market value helps ensure beneficiaries receive their rightful share.
• Confirming a clear title: Addressing liens or title issues before a sale prevents delays in closing.
• Demonstrating beneficiary benefit: The sale must be shown to serve the best interests of all heirs involved.
• Preparing legal documentation: Our probate attorneys help ensure all filings and contracts meet Georgia probate requirements.
• Coordinating with real estate professionals: We work alongside agents and other professionals to streamline the process.

Whether the property is in Alpharetta, Kennesaw or elsewhere in Greater Atlanta, we aim to facilitate a smooth transaction and proper distribution of proceeds. 

Frequently Asked Probate Questions

Clients often have questions about probate and estate administration, and our probate attorneys can help give you answers. Some common questions we receive include:

How long does probate take in Georgia?

The probate process can take several months or more than a year. The timeframe depends on the circumstances, including the estate’s complexity, the property and assets involved, and more. Our attorneys can help you understand a realistic timeframe when you meet with us, as well as what to expect in the process to come.

What happens if someone dies without a will in Georgia?

If no will exists, Georgia’s intestacy laws determine how assets are distributed. Usually, property goes to the closest relatives, such as a spouse and children.

What are my responsibilities as an executor?

As an executor, your primary responsibilities include collecting the decedent’s assets and inventorying them, settling any owed debts or taxes, and dispersing the remaining assets to any beneficiaries in the will. You will likely need to also settle any financial affairs, which can involve opening an estate bank account and maintaining accurate records throughout the probate process.

Do we have to go through probate?

Probate is often necessary to legally transfer ownership of assets between parties. Some assets may be able to bypass probate, like assets in a trust or life insurance with a designated beneficiary. A skilled probate attorney can help you through these challenges.

Should I set up a bank account for the estate?

Yes, setting up a separate bank account for the estate is advisable. By having an account exclusively for the estate’s funds, including proceeds from asset sales and debt settlements, you can keep better track of that money and make the probate process much simpler for everyone.

What should I do with bills and creditors?

As an executor, you are responsible for notifying creditors of the passing and paying any remaining debts from the estate. Be sure to keep thorough records of these payments and communicate with creditors to settle these debts appropriately.

How should I pay the mortgage?

The mortgage should be paid from any funds in the estate to shield it from foreclosure or penalties. If there are not enough funds to pay these expenses, your attorney can help you explore other options for what to do with the estate, including selling it or refinancing it.

What should I do with the deceased’s social media accounts?

Each social media platform has a process for closing the accounts of a deceased user. In many cases, you will need to produce a death certificate to prove the passing and justify closing the account.

How To Contact Lerman Law Associates, P.C.

We pride ourselves on the probate and estate work we do for clients in Cobb County, Fulton County and the greater metro Atlanta area. No matter how big or small the estate, we will manage its affairs in a timely manner. Contact us online or call 678-888-5773. We have offices in Alpharetta and Kennesaw.