What Is The Probate Process In Georgia?

What Is The Probate Process In Georgia

What is the probate process in Georgia? 

In this article, we break down every step of the probate process. 

And talk about paying creditors, accounting, and how the courts check your work. 

Keep scrolling to learn more.

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What Is The Probate Process In Georgia?

Probate is a process that happens when someone passes away.

It makes sure your money, property, and belongings are handled properly.

Here’s how the probate process works in Georgia:

  1. Starting the Probate Process. Someone will file the petition to probate at your local courts. If there’s a will, file it with the petition. If there’s no will, the estate gets distributed per intestate laws.
  2. Appoint an Executor or Administrator. If there’s a will, it names the executor. If there’s not a will, the courts appoint an Administrator. These people are responsible for managing the probate process.
  3. Notify Creditors. These are people or companies that the deceased owed money to. The person has to notify them of the death. Creditors have 4 months to seek repayments of their debts from the estate.
  4. Inventory and Appraisal. You’ll have to inventory the whole estate and appraise it. The courts will double check this list.
  5. Payment of Debts and Taxes. The executor/administrator has to pay off debts and taxes. They will use funds from the estate. If there’s not enough cash, they have to sell assets. If there’s not enough assets, funeral expenses and probate costs get paid first. Then, secured debts and unsecured debts. Our probate attorneys can guide you through this.
  6. Distributing What’s Left. Let’s say there’s money and assets left over after paying debts and taxes. Whatever is left goes to the beneficiaries of the estate. If there’s a will, it says who gets what. If there’s not, the estate gets distributed per Georgia inheritance laws.
  7. Final Accounting. The executor/administrator has to keep up with accounting. The probate courts will review your document trail. They make sure everything was properly appraised and distributed.
  8. Closing The Estate. The courts will issue an order to close the estate. It happens after they verify debts got paid and assets were distributed. They also make sure you did everything legally. Without an attorney guiding you, this could be a messy process.

Remember, not everything a person has goes through this process.

Some assets are exempt from probate in Georgia.

(But only if they were set up properly in the first place.)

Fill out the form below if you want:

  • to set up your estate to skip probate
  • to get help with the probate process

We set up estate plans to avoid probate in Georgia.

Your assets can go directly to your beneficiaries privately, with no taxes, no creditors and lawsuits, and no government involvement.

Fill out the form to protect your family’s hard-earned wealth.

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