Probate Law
Understanding Probate Law in Georgia
Navigating probate, estate planning, and power of attorney matters in Georgia can be emotionally and legally overwhelming, especially after the loss of a loved one. From managing assets and settling debts to making healthcare or financial decisions and addressing potential disputes, the legal process can add stress during an already difficult time. The Pilgrim Law Group is here to guide you through every step with clarity and compassion, helping you handle probate, plan your estate, and establish power of attorney with confidence—so you can focus on moving forward while we manage the legal burden.
What is the Probate Process in Georgia
When someone passes away with a will in place, the estate typically goes through probate, a legal process that authorizes an executor or other personal representative to manage the deceased’s affairs. This includes gathering assets, paying off any debts or taxes, and distributing the remaining property to the beneficiaries named in the will.
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
A Power of Attorney (POA) is a legal document that allows someone you trust to make decisions on your behalf if you become unable to do so. In Georgia, a POA can cover financial matters, healthcare choices, or both, depending on the type you create. It’s a powerful tool for planning and ensuring your affairs are handled according to your wishes. The Pilgrim Law Group can help you draft a legally sound POA that reflects your needs and protects your interests.
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.
