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The Hive Law - Estate Planning - Wills - Trusts

Georgia Probate Process And Timelines

Georgia Probate Process and Timelines

You’re going to learn about: 

  • the keys steps in probate
  • how long the process takes
  • what influences those timelines

Key Points

Here is a summary of the steps involved in probate for Georgia: 

  1. Filing the Will and Petition for Probate
  2. Appointment of Executor or Administrator
  3. Notify the Creditors and Heirs
  4. Inventorying the Estate
  5. Payment of Debts and Taxes
  6. Distribution of the Assets
  7. Final Accounting and Discharge
  8. Closing the Estate

The normal probate process takes 6-8 months. 

Complex estates take 10-24 months. 

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What is Probate?

Georgia probate is the legal process where:

  • a deceased person’s will is validated
  • their estate is administered 

This involves the distribution of assets:

  • according to the will
  • according to state laws if there is no will 

The process is overseen by the county’s probate court where the deceased lived.

You’ll file the petition for probate and the will there. 

When is Probate Necessary?

Probate is necessary if the deceased person:

  • owned assets solely in their name 
  • had any income or property that did not automatically transfer ownership upon death

Not probating an estate leads to: 

  • the executor being liable to creditors
  • assets won’t transfer to heirs
  • getting sued by the heirs

Fill out the form to talk to our Georgia probate lawyers today. 

Key Stages of the Probate Process

  1. Filing the Will and Petition for Probate: The probate process begins by submitting the deceased’s will and a petition to the local probate court.
  2. Appointment of Executor or Administrator: The court appoints an executor named in the will or selects an administrator if no will exists to manage the deceased’s estate.
  3. Notify the Creditors and Heirs: The person managing the estate must notify creditors and heirs about the probate process.
  4. Inventorying the Estate: The executor or administrator inventories all assets of the deceased to determine the estate’s total value.
  5. Payment of Debts and Taxes: All debts and taxes must be settled before distributing any assets to the heirs.
  6. Distribution of the Assets: Once debts and taxes are settled, the remaining assets are distributed.
  7. Final Accounting and Discharge: You submit a final report to the court detailing all actions taken to confirm that everything has been handled properly.
  8. Closing the Estate: Once approved by the court and all tasks are completed, the estate is officially closed.

Probate Timeline In Georgia

  • Filing the Will: Must be filed within 30 days of death.
  • Appointment of Executor or Administrator: Typically completed within a few weeks after the will is filed.
  • Notification Period: Creditors and heirs must be notified shortly after the executor is appointed; creditor notices are published weekly for four weeks.
  • Inventory Submission: Must be completed within six months of the executor’s appointment.
  • Debt and Tax Settlement: Duration varies, but often extends over several months, depending on the complexity of the estate.
  • Asset Distribution: Can start after all debts and taxes are cleared, usually taking a few months.
  • Final Accounting and Closure: Final accounts are submitted after all other tasks, with the estate closing following court approval.

Factors Influencing Probate Duration

Several factors can affect the duration of the probate process in Georgia:

  • Estate Complexity: Larger and more complex estates usually take longer to probate.
  • Existence of a Will: Estates with a clear, uncontested will typically move through probate faster.
  • Family Dynamics: Disputes among heirs or between heirs and the executor can delay the process.
  • Legal and Financial Challenges: Large debts or complex creditor issues can extend the probate duration.

Get Help From A Probate Lawyer

If you want help from a probate law, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of probate clients each month.

So don’t miss your opportunity to work with our probate lawyers.

Benefits of our probate services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate probate strategies:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

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We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

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