top of page
Losing a loved one is never easy, but we can help you with the legal process of transferring assets to family members. As an Atlanta Probate attorney, we will guide you through the sometimes difficult and complex process of probating an estate and avoiding mistakes that would lead to delay and extra expenses. It is one less thing you will have to worry about during a very difficult time for you and your family.
WHAT IS PROBATE?
Probate is the court supervised procedure in Georgia where a Will is proved to be the valid Last Will and Testament of a person that has passed away. Once proved, the executor is appointed and distributions can be made to beneficiaries, pursuant to the Last Will and Testament. In Georgia, the term probate is also used to refer to the legal process of administering a decedent's estate when they have died without a Last Will and Testament. In those cases, since there is no will and no executors or beneficiaries designated, the court will appoint an administrator to be in charge of the estate and beneficiaries are determined by Georgia law.
Whether your loved one died with a Last Will and Testament or not, our firm can guide you through the sometimes confusing process called probate and administration. From helping you gather the initial information that the court would require to start the process, from preparing the initial paperwork, paying creditors, distributing the estate assets, tax obligations and closing out the estate with the Probate court, our firm can help you with this process from start to finish. We offer a free case evaluation to determine whether we can help you and your family.
We know that sometimes probate cases can get ugly, but we can help. If you question whether the Last Will and Testament submitted for probate is valid, it is imperative that you act quickly. If you question the validity of a will that has been submitted for probate because the decedent lacked the mental capacity to execute the will, you suspect the decedent acted under duress or under influence when signing the will, you supsect fraud or forgery, or you have evidence that the Last Will and Testament being submitted for probate was revoked, we can help you contest the will by filing a caveat. If you have been appointed as the executor of an estate and has someone filed a caveat, we can help you defend it.
Before filing a caveat, it is very important to consider whether it is worth the costs associated with this proceeding and whether you actually have legal grounds to do so. Attorney fees for these proceedings can be very costly and lack of mental capacity, undue unfluence and fraud can be hard to prove. If however, we find that you have valid grounds to file a caveat, we are not afraid to do what it takes in the courtroom to get estate issues resolved quickly and efficiently. If you have questions about how to object to a will submitted for probate or need help after receiving a caveat, call us to schedule your free case evaluation.
NO ADMINISTRATION NECESSARY
In limited situations in Georgia, it is possible to skip the probate process altogether if your family member died without a will and testament, left no debts and the heirs at law agree to the division and distribution of the estate. Call us to schedule your free case evaluation to determine if this is an option for you and your family.
There are only two lasting bequests we can hope to give our children. One of these is roots, the other, wings.
- Hodding Carter
bottom of page