Probate Law
Understanding Probate Law in Georgia
Navigating estate planning, Powers of Attorney (POA) and Advanced Directives for Healthcare (ADH), in addition to administering estates after a person dies, can be overwhelming. The Pilgrim Law Group is here to guide you through every step with clarity and compassion, including helping you handle matters while you are alive or helping you administer a deceased loved one’s estate.
What is the Probate Process in Georgia
When someone passes away, whether or not they have a Last Will and Testament, their estate may be administered through the probate court. This depends in part on whether steps were taken during the person’s life to list other people on property as co-owners or beneficiaries. The Pilgrim Law Group is here to help you understand whether an estate needs to be created, and if so, guide you through the sometimes confusing process.
In Georgia, probate usually takes about a year to complete and involves several key steps:
- Filing the Will – The original will must be filed with the probate court in the county where the person lived, only if the will is to be probated. No probate, no filing.
- Starting the Probate Process – A petition must be filed with the court along with required fees and forms. The court will then appoint a personal representative—either the named executor or another approved individual.
- Gathering Estate Assets – The personal representative is responsible for locating and collecting all of the deceased’s property and reporting it to the court.
- Paying Debts and Taxes – Before assets can be distributed, the estate must settle all outstanding debts and tax obligations. A legal notice to creditors must also be published in a local newspaper.
- Distributing Remaining Assets – Once debts are paid, the remaining assets are given to the rightful heirs. The personal representative must provide proof of distribution and submit a final report to the court to officially close the estate.
- Some duties may be waived in writing if approved by the court.
Why Do I Need A Will?
Having a will ensures that your property is distributed according to your wishes after your death, rather than leaving those decisions to the personal representative or to the state. It allows you to choose who inherits your assets, name a guardian for your minor children, and appoint someone to manage your estate. Without a will, your loved ones may face confusion, delays, and legal complications during an already difficult time.
Power of Attorney & Advanced Directive for Healthcare
A POA and ADH are effective during your life. For a POA, someone is appointed by you to oversee your financial and property matters, for example. For an ADH, someone is appointed by you to oversee health-related matters. Both documents allow someone to take care of your affairs if you are unable to handle them yourself.
How the Pilgrim Law Group Can Help
Planning for the future or managing a loved one’s estate doesn’t have to be overwhelming. Contact The Pilgrim Law Group today to discuss your probate, estate planning, or power of attorney needs. Take the first step toward protecting your family, your assets, and your peace of mind.
