Settling a loved one's estate can be an emotional and overwhelming experience, especially if you've been named an executor or administrator. The probate process, which is how the courts oversee the management and distribution of a deceased person's estate, is often seen as a daunting task. At Peach State Wills & Trusts, we're here to simplify this process and guide you every step of the way.

In Georgia, the probate process is essential for validating wills, paying off debts, and ensuring assets are distributed appropriately. Whether you're an executor, a beneficiary, or simply curious about the process, understanding probate can help you make informed decisions during a challenging time.

Let's break it all down so you know what to expect and how we can help.

Why Is Probate Necessary?

Probate is the legal process that occurs after someone passes away. The purpose is to ensure the deceased person's debts are paid and their assets are distributed according to their will—or Georgia's intestacy laws if there is no will.

Probate serves several key purposes:

●  Validate the Will: Ensures the will is authentic and legally binding.

●  Appoint an Executor or Administrator: Oversees the estate's administration.

●  Settle Debts and Taxes: Handles any outstanding financial obligations.

●  Distribute Assets: Ensures heirs and beneficiaries receive what they're entitled to.

The Probate Process in Georgia

Probate may seem complicated, but breaking it into steps can make it easier to understand. Here's an overview of how it works in Georgia:

Filing the Will

The first step is submitting the will to the Probate Court in the county where the deceased lived. This must happen within a reasonable time after the person's passing. If there is no will, the process still begins with filing a petition to open the estate.

Petitioning the Court

In addition to filing the Will, you'll need to file a petition to probate the will. This petition includes important information like the name and contact information of the proposed executor, details about the date of the Decedent's death and where he or she lived, information about whether a guardian is needed for any minor-children, and a complete list of the deceased person's heirs. Even heirs who are not beneficiaries must be included, as they have a right to be notified of the filing and are given an opportunity to file an objection.

Proving the Will

If the will includes a self-proving affidavit, this step is simplified. Otherwise, the executor may need to bring witnesses to court to verify the will's authenticity, or more commonly, obtain written statements from the witnesses, called witness interrogatories, wherein the witness affirms they witnessed the Decedent sign the will and that the will signing complied with Georgia requirements. 

If the will is not self-proved and witnesses are deceased or cannot be found, this process becomes more complex, as you will need to submit affidavits from persons familiar with the Decedent's signature to affirm whether they believe the Decedent signed the will. 

Notifying Heirs and Creditors

When the petition is filed, Georgia law requires that heirs be notified, typically through personal service via the Sheriff (for heirs in Georgia) or via certified mail (for heirs outside the state). Following acceptance of the Will into probate and the appointment of an executor, Creditors must also be informed via publication in the newspaper so they can make claims against the estate. These notification steps ensures that all parties with an interest in the estate are lawfully notified of the proceedings.

Appointment of Executor or Administrator

If the deceased named an executor in their will, the court would officially appoint them. Without a will, the court assigns an administrator, typically a close family member. The executor or administrator is responsible for managing the estate.

Administering the Estate

Estate administration involves gathering the deceased's assets, opening a separate estate account, and using those funds to pay debts, taxes, and administrative expenses. Detailed records must be kept throughout the process.

Distribution and Closure

After debts are paid, the remaining assets are distributed according to the will—or to the closest heirs under state law if no will exists. A final accounting may be required to be  submitted to the court, and the executor is then discharged from their duties after filing a petition for discharge and gaining court approval for discharge.

Common Challenges in Probate

While probate is a necessary process, it's not without its challenges. Some of the most common issues include:

Will Contests

Family members or other parties may challenge the will, often citing reasons like lack of mental capacity, undue influence, or fraud.

Creditor Claims

Unexpected claims from creditors can complicate the estate administration, especially if the debts exceed the estate's value.

Disputes Among Beneficiaries

Disagreements over how assets are distributed can lead to family conflicts and delays.

Complex Estates

Estates with businesses, out-of-state properties, or significant investments often require additional steps and expertise to resolve.

How Peach State Wills & Trusts Can Help

Probate can feel overwhelming, but you don't have to go through it alone. Our team at Peach State Wills & Trusts offers probate services to help you manage the process with confidence.

Legal Guidance

We'll help you understand Georgia's probate laws and ensure every step is handled correctly.

Facing Probate in Georgia? We Can Help

The probate process doesn't have to be an uphill battle. At Peach State Wills & Trusts, we're committed to guiding you through it with clarity and compassion.

If you're a nominated executor under the will or wish to be appointed as administrator (when there is no will), contact us today for a consultation. Call us at (678) 344-5342 or fill out our online contact form to schedule a consultation. Let us help you honor your loved one's wishes and bring their estate to a smooth resolution.

Don't face probate alone—let our veteran team be your trusted guide.