Probate Attorney Atlanta

The stresses of grieving the passing of a loved one while navigating the Probate process can be one of the hardest times of your life. The burden of initiating the Probate process and dealing with the laws associated with administrating an estate does not have to fall solely on your shoulders.  W. Hunter Law specializes in providing knowledgeable, compassionate, and efficient legal representation. Upon the start of representation, we look to identify our client’s specific needs and develop a plan of action geared towards reducing the time, cost, and stress associated with the probate process. We can help you regardless if your loved one dies with a Will or not. If you would like further information about the Probate Process or would like to hire counsel for representation, contact us at (404) 955-7737 for a free consultation. Our probate attorneys in Atlanta, Georgia have years of experience handling probate matters.

What is Probate?

The term Probate is used to identify the process of transferring the estate assets of a deceased person. If a person died with a will, it is said he/she died Testate (with a will). If a person died without a will, it is said that he/she died Intestate (without a will).   When a person dies Testate the court will look to validate his/her Will. If the Will is validated by the Probate Court, the Court will appoint an Executor to administer the decedent’s assets in accordance with the deceased final wishes detailed in their Will. If a person dies Intestate, or if a Will was found to be invalid by a Probate Judge, the Probate Judge will appoint an Administrator that will distribute the decedent’s estate pursuant to Georgia’s Probate laws. Each county in the State of Georgia has a designated Probate Court to oversee the administration of probate cases in that county.  All Probate courts in the State of Georgia are governed by the <Uniform Probate Court Rules> to ensure a fair application of Georgia Probate Law within the State of Georgia.

The Georgia Probate Process

The probate process in the State of Georgia can be lengthy and laborious. Normal probate cases can take at least 8 to 9 months to resolve. A complex probate estate can take more than a year to complete.

Each probate case has its own unique attributes that make the administration of the estate different from other estates; However, most probate cases comprise the following steps:

• A petition is filed in the probate court of the deceased county of residence.
• Executor is appointed when the decedent died testate.
• Administrator is appointed when a decedent died intestate.
• Formal notice is provided to all beneficiaries or heirs.
• An Executor/ Administrator is appointed by the Probate court Judge.
• Executor/ Administrator will need to take inventory and perform an appraisal of any property of the estate, if necessary. In addition, if inventory is required, the Executor/Administrator may need to file accounting yearly.
• Creditors are notified of the deceased estate in Probate. All outstanding debts are paid off or settled at this point.
• Remainder of estate assets are distributed to the deceased beneficiaries/hears.
• If all duties required of the Executor/Administrator have been completed, a Petition for Discharge may be filed. If the Judge grants discharge, the Executor/Administrator will be relieved of duties and relieved of all liability.
• Probate is complete!

If you would like further information about the Probate Process or would like to hire counsel for representation, contact us at (404) 955-7737 for a free consultation. Experienced probate attorneys servicing the Atlanta Metro Area including Cobb, Gwinnett, Dekalb, Henry, Clayton, Rockdale, and Henry Counties throughout Georgia.