Atlanta Estate Litigation Lawyer

Experienced Estate Litigation Representation in Atlanta

Probate litigation in Georgia covers any contested proceeding in Probate Court: challenges to a will's validity, removal of a personal representative, breach of fiduciary duty by a trustee, and disputes over distributions from an estate or trust. These cases are filed in the Probate Court of the county where the decedent was domiciled at death, which means most Atlanta-area matters are heard in Fulton County Probate Court, DeKalb County Probate Court, or Cobb County Probate Court depending on where the decedent lived.

Meyring Law Firm represents beneficiaries, heirs, personal representatives, trustees, and creditors in contested probate matters across the Atlanta metro. Robert Meyring has handled will contests, fiduciary removal proceedings, and trust disputes in Georgia Probate Court for over 30 years. Call (678) 257-3332 or schedule online to discuss your matter.

Will Caveats: Challenging a Will Before It Is Admitted to Probate

In Georgia, the formal process for challenging a will is called filing a caveat. A caveat is filed with the Probate Court before or during the solemn form probate proceeding, and it puts the court on notice that an interested party disputes the will's validity. Once a caveat is filed, the proponent of the will must prove by a preponderance of the evidence that the document meets Georgia's requirements for a valid testamentary instrument.

To have standing to file a caveat, you must be an heir at law or a beneficiary under a prior will. The right to contest is not available to anyone who disagrees with how an estate is being handled. You must have a direct interest in the outcome.

Georgia law under OCGA 53-4-12 creates a presumption of undue influence when circumstances show the testator was enfeebled in body or mind and was surrounded by those who had an interest in the estate. This statutory presumption is the basis for most undue influence claims filed in Fulton County Probate Court. The presumption does not arise automatically. You need to establish the underlying facts through testimony, medical records, and documentation of the relationship between the testator and the alleged influencer.

Other grounds for filing a caveat in Georgia include:

• Lack of testamentary capacity under OCGA 53-4-11 (the testator must be at least 14 years old and of sound and disposing mind and memory at the time of execution)
• Fraud in the execution or procurement of the will
• Forgery
• Improper execution, meaning the will was not signed or witnessed according to OCGA 53-4-20
• The existence of a later, valid will that supersedes the one offered for probate

If you are the party defending the will, the burden shifts to you to demonstrate validity once a caveat is filed. Meyring Law Firm represents both caveators and those defending the probate of a will. See our Will Litigation page for more on how these cases proceed.

Executor and Administrator Removal

Personal representatives who mismanage an estate, fail to file required inventories and returns, engage in self-dealing, or otherwise breach their duties can be removed from their position by the Probate Court. OCGA 53-7-1 sets out the grounds for removal, which include fraud in obtaining the appointment, incapacity, failure to perform required duties, waste or mismanagement of estate assets, and any conduct that renders the representative unfit to serve.

Filing a petition for removal in Fulton County, DeKalb County, or Cobb County Probate Court requires more than showing that the representative made mistakes. You need to document specific conduct that rises to the level of breach, and in most cases you need contemporaneous records: estate inventories, bank account statements, correspondence, and any returns filed with the court. Probate courts also have authority to surcharge a removed personal representative, meaning they can be held financially liable for losses the estate suffered because of their misconduct.

Personal representatives who receive a removal petition have the right to respond and to appear before the court. These proceedings frequently involve forensic accounting, and in complex estates Meyring Law Firm coordinates with financial experts to document the scope of any mismanagement. See our Probate and Estate Administration page for context on what personal representatives are required to do under Georgia law.

Breach of Fiduciary Duty by Trustees

Trustees in Georgia owe duties of loyalty, impartiality, prudence, and full disclosure to the beneficiaries of the trust. When a trustee breaches these duties, beneficiaries can seek relief including surcharge, removal, and disgorgement of any profits the trustee obtained through self-dealing.

Common trust litigation claims in Georgia include:

• Self-dealing transactions where the trustee benefits personally at the expense of the trust
• Failure to make timely and accurate accountings to beneficiaries
• Investing trust assets in a manner inconsistent with the trust instrument or applicable prudent investor standards
• Distributing assets in a manner that favors one beneficiary over others without legal justification
• Commingling trust assets with the trustee's personal funds

Under Georgia's Trust Code, beneficiaries have the right to demand a full accounting from the trustee at reasonable intervals. If the trustee refuses or provides a deficient accounting, that refusal itself can support a claim. Trust disputes must generally be filed within four years of when the beneficiary knew or should have known of the breach.

Meyring Law Firm handles trust disputes from the initial demand for accounting through contested hearings in Probate Court. See our Trust Administration page for the standards trustees are held to under Georgia law.

Contested Distributions

Distribution disputes arise when beneficiaries disagree with how the personal representative or trustee has interpreted the governing document, valued assets, or allocated specific property. These claims do not always require a will contest. A beneficiary may accept the will's validity and still challenge whether the distribution was carried out correctly.

Contested distribution matters in Georgia frequently involve:

• Disputes over the valuation of real estate, business interests, or retirement accounts
• Claims that the personal representative made preferential distributions before settling creditor claims
• Disagreements over specific bequests when the property no longer exists or has changed in form at the time of death (known as ademption)
• Claims that a beneficiary's share was reduced without legal authority

Where These Cases Are Filed

Probate litigation in the Atlanta metro is filed in the Probate Court of the county where the decedent was domiciled. Each court has its own procedures and filing requirements.

Fulton County Probate Court handles the highest volume of estate matters in Georgia and requires electronic filing for most submissions. The court serves Atlanta, Sandy Springs, Roswell, and surrounding Fulton County communities.

DeKalb County Probate Court in Decatur serves Decatur, Brookhaven, Tucker, Stone Mountain, and surrounding communities. DeKalb County has been among the more active probate courts in the Atlanta metro for contested estate matters in recent years.

Cobb County Probate Court in Marietta serves Marietta, Smyrna, Kennesaw, and the broader Cobb County area.

If the decedent owned real property in a county other than the county of domicile, ancillary proceedings may be required in that county as well. Meyring Law Firm handles proceedings in Fulton, DeKalb, Cobb, and surrounding metro Atlanta counties.