Atlanta Probate Lawyer

Probate in Georgia can be a relatively efficient process, with the speed and ease dependent on two key factors: thorough estate planning and harmonious relations among surviving family members. When an estate is well-planned and beneficiaries named in the will are in agreement, probate tends to be quicker and less stressful. On the other hand, an estate without a will or one left behind by a decedent with a complex family situation, such as estranged or blended family members, may face a longer and potentially more challenging probate.

Probate of an Estate With and Without a Will

When a person has a valid and legally sound will, probate is generally more streamlined. A well-crafted will that clearly outlines the distribution of assets among heirs or provides specific instructions for handling the estate can significantly simplify the probate proceedings.

When there is no will, Georgia’s intestate succession laws will dictate how property is divided. The decedent’s property would go to the closest living relative, in this order: 

• If you had a spouse but no children, your spouse would inherit your property. 
• If you had children but no spouse, your children would inherit everything. 
• If you had a spouse and children, they would share the inheritance, with your spouse getting at least one-third of the total amount. 
• If you had no spouse or children, your parents would inherit your property. 
• If you had no spouse, children, or parents, your siblings would inherit everything.

If you are entitled to inherit under Georgia law, you may be able to ask the probate court to issue an order stating that probate is unnecessary. This would apply only if:

• There is no valid last will and testament.
• You and other heirs agree on how to divide assets.
• There are no debts and no creditors to object to a lack of probate proceedings.

Objections to Probate

When a person dies with a will and a petition to probate is sent to the court, the court will notify heirs so they may review the will. Heirs then have the opportunity to object to the probate of the will. An objection must be based on valid legal grounds. For example, an heir may not object to probate simply because they believe they were not treated fairly in the decedent’s will. There must have been some type of fraud or wrongdoing involved that renders the will invalid.

Some potential objections to probate in Georgia may include:

• Undue influence
• Lack of capacity
• Elder abuse
• Fraud
• Forgery
• Lack of due execution
• Revocation

If no heirs object to probate or if any objections are reviewed and dismissed, the will is considered valid and the administration of the estate may begin.

Year’s Support Claim for Surviving Spouses

During the Georgia probate process, a surviving spouse or minor children can file a Petition for Year's Support. This requests the court allocate an amount to support the spouse for one year. If granted, the Year's Support takes precedence over other claims, including funeral expenses.

The probate court does not have a predetermined amount, minimum, or cap for a Year's Support claim. Instead, it considers various factors when determining whether to award Year's Support and the appropriate amount. Surviving spouses must file the petition within two years of their loved one's passing, and remarriage terminates their right to file for support. 

Typically, a last will and testament addresses a spouse's right to file for Year's Support, stipulating that the assets bequeathed in the will are provided in place of support.

Compassionate Probate Assistance in Atlanta

When navigating the probate process in Atlanta, contacting Meyring Law Firm can provide invaluable assistance and guidance. Our experienced attorney understands the complexities of probate law and is dedicated to supporting you through every step of the process. We can help ensure the proper administration of your loved one's estate, handle any disputes among heirs, and address creditors' claims, all while respecting the wishes of the deceased.

By entrusting Meyring Law Firm with your probate needs, you can have confidence in our ability to handle both simple and complex estates with professionalism and compassion. We take the time to understand your unique situation and work diligently to achieve the best possible outcome for you and your family. Reach out to Meyring Law Firm and let us help you navigate the probate process in Atlanta, GA with the care that you deserve.

How Long Do You Have To File Probate After Death?

A will must be probated with "reasonable promptness," which means as soon as possible after your loved one's death, according to Georgia law. A will must be probated within 5 years of a person being appointed as the estate's representative. If the person in charge of the will fails to probate it, there are penalties such as a fine and imprisonment for withholding the will. They could face both civil and criminal charges. Heirs also have the right to use for collecting items or assets.

Is There A Deadline To Settle An Estate?

There is no set deadline for settling an estate in Georgia. Depending on how large the estate is, it may take a few months or several years to complete. However, beneficiaries and heirs should consider specific deadlines if they suspect that the executor is not handling the estate properly.

There are two forms of probate in Georgia: common form and solemn form. If the will is going through common form probate, then the executor is not required to send a notice to beneficiaries. Beneficiaries over the age of 18 are given 4 years to dispute the will. If a beneficiary is a minor when the probate process begins, their timeline begins four years from the day they turn 18 years old. In solemn form probate, all beneficiaries must be notified that the will has been filed. They have 30 days from the date they are notified to dispute the will.

Although there is no time limit in Georgia for distributing assets, it is the executor's fiduciary duty to act in a timely manner. If a beneficiary feels that an executor is not upholding their duties, then beneficiaries have several choices, including formally or informally demanding accountability or seeking sanctions against the executor.

Our firm can work with you to find the options that are right for you and your family! Give our Atlanta probate lawyer a call today at (678) 257-3332to schedule a consultation.

Suggested Reading:

• Probate Out-Of-State: The Georgia Probate Process
• Estate Planning and Probate: What You Need to Know