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
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.
