Has a loved one's passing left you with the responsibility of managing their estate? It can feel tough to handle paperwork and property matters when emotions run high. 

At Peach State Wills and Trusts©, a division of The Beck Law Firm, LLC, we've worked alongside Georgians for years, offering calm guidance through estate planning and probate. We're here to give you a sense of clarity by highlighting the questions you may want to ask a probate attorney before moving forward.

These questions provide peace of mind, help you understand the legal process, and allow you to make good decisions at a tough moment. Let's look at why asking the right questions is helpful, then explore 10 topics to bring up during your consultation.

Why Asking the Right Questions Matters

Court processes and property laws can feel overwhelming, especially if you're also grieving. In Georgia, probate can differ depending on whether the deceased left a will or not. It may also vary based on the size of the estate and other factors. Having a probate attorney who works well with your family's situation can help prevent mix-ups or oversights.

This support is essential when distributing assets, settling debts, and wrapping up finances. By viewing your initial consultation as an opportunity to learn, you can figure out if the attorney's approach lines up with your needs and if they will stay responsive throughout the process. In other words, you're not only getting simple answers—you're finding the right fit.

Top 10 Questions to Ask Your Georgia Probate Attorney

Below are important questions that shed light on a Georgia probate attorney's approach. Use them as a starting point to build confidence in your choice of whom to work with.

1. What is the Probate Process for My Situation?

Ask your attorney to share how probate typically looks in Georgia, noting that rules differ depending on whether there is a valid will. You may wonder about the formal steps, including filing the will with the court, naming an executor, and notifying beneficiaries.

If you anticipate real estate holdings, business shares, or disagreements among relatives, request details on how the process might change. Make sure you also learn about the difference between testate (with a will) and intestate (no will) procedures. This is an effective icebreaker to gauge how well the attorney explains legal requirements.

2. How Long Will Probate Take in Georgia?

Timetables for Georgia probate can vary. Court congestion in a particular county might cause a delay, and disputes among beneficiaries can slow things down. Requesting a rough timeline helps you shape expectations about finalizing the estate. Also, it's helpful to know which factors extend the timeline, such as business property or a contested will.

For a clearer look, here's a basic snapshot of possible stages and timeframes:

This table is just for illustration, so be sure to talk with your attorney for more precise info.

3. Do You Anticipate Challenges With This Estate?

It's wise to ask for an open assessment of any bumps in the road. Sometimes, disagreements flare up among family members or other interested parties. If the attorney notes potential pitfalls, explore possible strategies to fix them early on—like mediation or alternative dispute methods.

In Georgia, a spouse may have the option to claim a certain share of the estate, or there might be property with a tricky ownership structure. Discussing these matters upfront can help you avoid tense surprises later.

4. How Can I Minimize Conflicts Among Beneficiaries?

Families can disagree over personal items or money matters. Learning an attorney's approach to reducing misunderstandings can be reassuring. For instance, they might suggest open lines of communication with beneficiaries or frequent updates to keep everyone informed.

Another tip could be honoring your loved one's will “as written” while checking that Georgia law is properly followed. When distribution instructions are transparent and consistent, complications are less likely to arise.

5. Who Will Be Handling My Probate Case?

Some probate attorneys personally oversee each detail, while others rely on a broader team. There's nothing wrong with either method, but it's helpful to know which approach to expect. If associates or paralegals assist, request an introduction so you're aware of who to contact for updates.

It's also useful to confirm if the attorney or a staff member will update you regularly. Having one main point of contact can assure you that your questions will be addressed promptly.

6. How Will You Handle Creditor Claims?

Settling any debts is an important step in probate. Ask how the attorney locates creditors, confirms valid claims, and handles them when there isn't enough money in the estate. Learn how they rank debts if the estate's funds are limited.

Georgia law has guidelines for paying off taxes, secured claims, and other obligations. A well-prepared attorney can help you settle these matters without hassle.

7. What Taxes Will Be Due During Probate?

While Georgia no longer has a separate estate tax, federal estate taxes could apply over certain thresholds. Estate income taxes may also apply to interest or dividends the estate earns. Bring up any questions about potential returns that must be filed on behalf of the deceased.

If your loved one owns property across multiple states, mention that. Other state tax rules could affect the final distribution. You might also ask if you should consult a tax adviser for complicated scenarios.

8. How Often Will We Communicate?

Tackling probate often brings new demands, and your attorney should be reachable when something unexpected pops up. Before committing, ask how frequently you'll receive updates. Will they email or call? Will they schedule in-person check-ins or video meetings?

One approach is to set up a schedule where the attorney informs you of progress at intervals or after significant milestones. Having clear expectations keeps everyone on the same page.

9. What Are Your Fees?

Probate attorneys may bill hourly, request a flat rate, or use a percentage model. Getting a written fee agreement clarifies how billing is structured. Also, find out if extra costs, like court filing fees or appraiser services, could arise during probate.

Try asking if they will require payment as probate unfolds or once the estate closes. Planning for legal fees at the beginning can ease concerns, especially if there are multiple beneficiaries involved.

10. What is Your Background in Probate Law?

Spend a moment discussing the attorney's history working with estates in Georgia. Ask about the volume of probate files handled, plus whether they've seen estates similar to yours. Though no two estates are identical, it's helpful to hear about their approach and any typical problems they've solved.

You can also inquire about any public record of complaints. It's good to feel comfortable with someone who will be leading you through finalizing personal matters for your loved one.

Take Action Today: Secure Your Family's Future

Need help with probate or want to be ready with a proper estate plan? Our team at Peach State Wills and Trusts is here to address your questions with patience and clarity. Call us at 678-344-5342 or visit our website to send us a message. Also, you can download our free guide to estate planning in Georgia HERE. We're ready to offer supportive guidance so that you can move forward confidently. You don't have to handle probate by yourself—let's work together on a path that suits your family.