Probate Litigation Attorneys
We are experienced in handling many probate-related matters. We have practiced in many of the probate courts local to the North Georgia and the Metro Atlanta area. Although many matters that go through probate courts will do so without being contested, we have vast experience in handling contested and litigious cases and have secured many favorable outcomes for our clients. Some of the types of probate-related issues we’re experienced in helping our clients with include:
- Estate Administration
- Will Contests
- Contested Guardianships and Conservatorships
- Probate Litigation
- Fiduciary Litigation
About The Probate Process
The probate process in Georgia is a formal legal procedure used to administer a deceased person’s estate. While the process is often straightforward in uncontested matters, it still requires careful compliance with Georgia law to protect the estate’s assets and ensure that all interested parties are treated fairly. Understanding how the process works can help individuals avoid missteps that cause costly delays or invite unnecessary disputes.
The process generally begins when a petition is filed in probate court in the county where the decedent resided. If the decedent left a valid will, the petition typically asks the court to recognize the will and appoint the named executor to carry out the administration of the estate. If there is no will, the court appoints an administrator. Both roles come with legal responsibilities to act in the best interests of the estate and its beneficiaries.
Once an executor or administrator is appointed, creditors of the estate must be notified. Georgia law allows creditors a specific window of time in which to file claims against the estate. This step is essential because estate assets may not be distributed until valid debts are addressed. If any debts are disputed or if claims exceed available assets, these issues may need to be resolved through the court.
The next stage of probate involves identifying and managing the estate’s assets. This can include real property, personal property, bank accounts, investment accounts and other holdings. In Georgia, there is no state-level estate or inheritance tax on probate assets. However, if the decedent owned property in another state, that jurisdiction’s tax laws may still apply.
Finally, the executor or administrator must distribute the remaining assets. If the decedent had a will, those instructions govern who receives what. If no will exists, Georgia’s intestacy laws determine the distribution. Throughout the process, court filings, notices and reports are required to demonstrate that duties are being fulfilled properly.
Frequently Asked Questions About Probate In Georgia
In the difficult hours and days following a loved one’s death, it is only natural to have questions about what to expect. Here are the answers to some common concerns:
How long does the probate process typically take in Georgia?
Every situation is a little different, so the probate process can take anywhere from several months to over a year, depending on things such as the size and complexity of the estate, whether or not the will is contested and how many beneficiaries are involved. On average, expect simple probate to take six months to a year, while complex probate cases can go much longer.
What are the common reasons for contesting a will?
To challenge the validity of a will, someone may allege that the will was improperly executed on Georgia law, that the deceased lacked the necessary testamentary capacity to understand what they were signing or the consequences of their actions, that the testator’s signature was forged or that someone exerted “undue influence” over the testator to influence their actions.
What are contested guardianships and conservatorships, and how do they differ from each other?
A guardian is appointed to make personal decisions for an incapacitated individual regarding things like their health care, living situation and overall well-being. A conservator is appointed to manage the property and finances of the incapacitated individual. The appointment of a guardian or conservator can become contested if family members disagree on who should serve in these roles or when the alleged incapacitated individual themselves disputes the need for such protective measures.
Do I need an attorney for probate in Georgia?
Technically, you are not required to have an attorney, but navigating probate without one can be very difficult. An experienced probate attorney will make certain that assets are properly secured and valued, debts and liabilities are addressed, estate tax filings are handled and all the legal requirements are met in the probate process to minimize the chance of delays. If there’s a conflict, a skilled attorney may be able to diffuse the situation before the will is contested, leading to better outcomes for all.
Let Our Experience Fight for You
At Neville Law, LLC, we have over 35 years of combined experience handling probate-related matters. We know how daunting and intimidating any process in probate court may seem. Let us put our knowledge and experience to work for you. Our reputation for providing highly effective representation is known among the courts and the attorneys of our local legal community. Attorney Rich Neville’s record of success has helped him earn an AV Preeminent* rating from Martindale-Hubbell’s peer review rating system. To schedule a consultation, call 678-807-6511 or contact us online.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
