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Probate
We Guide You Through a Complicated Process
If you’ve ever witnessed probate court proceedings in Georgia, you know it can be complex and confusing. Successfully navigating probate requires a wealth of information and knowledge, and that’s why Elder Law of Georgia is here. We offer a helpful, guiding hand that ensures you get the results you deserve.
What is Probate?
Probate is a court-supervised process that transfers property after someone dies. The probate court confirms the validity of a will and appoints an executor or administrator. That appointment gives the representative authority to manage property, pay debts, and distribute assets.
Why Retain Professional Help?
The probate process is complex and can take months to complete. And if you make even one mistake, you could face costly and frustrating delays. An experienced and thorough attorney can make all the difference, however. Our founder, attorney Eric Owens, knows every aspect of probate and can save you time, money, and stress while protecting your rights and respecting the wishes of your loved one.
How Elder Law Helps
Through our experience, we make it easy for you to:
- Pay creditors owed money from the estate
- Distribute assets according to the terms of a will or trust
- Handle all the paperwork involved with probate
- We also represent you in any probate court proceedings when necessary.
NEED TO KNOW: PROBATE
Patience is Required
Most probate cases require six months to one year for resolution. Simple estates with limited assets often move faster. Estates involving real estate, business interests, or disagreements take longer. Disagreement between heirs, errant documentation, or misplaced assets increase that timeline. Court schedules and creditor claim periods also affect timing.
Many Steps to Follow
- Probate generally begins when anyone in possession of the original will of the deceased files it with the local Probate Court (petitions the court). The court then notifies involved parties and requires a notice to be published in the local newspaper to alert creditors.
- An executor or appointed personal representative must then locate, secure, and value all estate assets. That same person must notify creditors, pay all valid outstanding debts, and settle any taxes (such as final income taxes) using estate funds.
- The representative then distributes the remaining property according to the will or Georgia law. Finally, the representative submits a final accounting to the court and asks to be officially released from his or her duties.
Death Without a Will Adds Complications
If someone dies without a will, they are considered to have died intestate. In these cases, the court appoints an “Administrator” to handle the estate, and the deceased’s wishes may not be fulfilled. This is why you should contact a professional about estate planning (and encourage your loved ones to do the same).
Professional Help Makes a Big Difference
As you can see, there are many steps in the probate process, and any mistake can cause unnecessary delays – and additional financial burdens. Working out of our Gainesville offices, Eric Owens will help you to avoid potential missteps, simplify the process, and ensure you get exactly what you desire.
Put Our Expertise to Work Today
We are ready to help you get through the difficulties associated with the probate process – allowing you more time to focus on what is truly important. Learn more about our commitment to service by calling the Gainesville offices of Elder Law of Georgia, P.C., today at 678-971-4971 – or by filling out our online contact form. We also make home visits when necessary.
Begin Planning Today
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