Answering Your Most Common Probate Questions
Probate is a common occurrence when finalizing someone’s estate in Georgia. However, not everyone has a clear understanding of what probate is or how the long process lasts. That is why you should work with a probate attorney when handling any type of family law issue, especially when it comes to probate questions of estate planning. Our Georgia probate and estate planning attorneys are here to answer your most common probate questions.
What is Probate?
Probate is a legal process handled by the courts to validate your will or the will of a deceased loved one. The process also approves the person named as the executor of the estate so they can carry out your wishes and distribute the assets to the rightful recipients.
What Happens if There is No Will?
If there is no will present, it means the decedent died intestate. An estate that is labeled intestate could also mean that a will was invalidated by the court. In any case, if there is no will present the assets of the estate will be divided based on the laws of the state of Georgia.
What Triggers Probate in Georgia?
In most cases, a person’s death is what triggers probate in Georgia. As mentioned earlier, not having a will can also trigger the probate process. Not all estates will need to enter into probate in Georgia if a will is present.
Can Probate Be Avoided in Georgia?
Yes, probate can be avoided in Georgia estate planning. The best way to make this happen is to create a revocable living trust. You will be able to put all of your assets into the trust and name a beneficiary of the trust, which will be the person who receives those assets when you die. You can prevent insurance policies and bank accounts from entering probate by naming beneficiaries under the payment-upon-death categories.
What Assets Are Exempt From Probate in Georgia?
The following assets are typically exempt from entering probate in Georgia:
Assets that are jointly owned
Accounts that have payable-upon-death beneficiaries listed
A transfer on death designation
Any account with a beneficiary designation
How Long Does Probate Take?
Since every situation is different, it is hard to pinpoint an exact timeline for probate in Georgia. However, there are certain factors that go into determining how long it can take for the probate process to be completed. These include whether or not someone contests the will or if any other issues come to light. If the probate process goes without any issues, you can expect for the estate to be in probate for anywhere from eight months to one year in Georgia.
Should I Hire an Attorney That Specializes in Probate?
As with any legal matter, it is in your best interest to hire an attorney who specializes in probate matters. Probate law in Georgia is complex. You do not want to try your luck by representing yourself. Mistakes can be made that can drag the process out, preventing you from obtaining assets that have been left to you. A Georgia estate planning attorney will be able to review the will, file all of the proper documentation with the court, and handle the probate proceedings on your behalf so you can focus on dealing with the grief of losing a loved one.
Call a Georgia Estate Planning and Probate Attorney Today
If you need assistance creating or revising your estate planning documents, Jammie Taire and the Smith Taire Legal team can help. We educate our clients on their estate planning options and ensure their final wishes are legally binding. Call us at 678-253-8133 if you have questions about your estate planning or wish to meet with an experienced Georgia estate planning attorney.