Evans Probate Attorneys
Probate occurs after the death of an individual to settle their estate and distribute their property. This lengthy process can be emotional and involve many steps. Evans probate attorneys can help you navigate the process, whether your loved one left behind a will or not. They will provide compassionate counsel and advocacy during your season of loss.
The Evans estate planning lawyers of Garrett Murphy Law have extensive experience guiding clients through probate. We provide innovative and strategic solutions that keep you and your needs at the center and get results. Our probate lawyers skillfully manage your case and communicate on your behalf so the deceased’s wishes are carried out and their rights, as well as your rights, are protected.
What Constitutes Probate in Georgia
Probate begins after the death of an individual and involves settling the deceased’s estate. If a will exists, the document must be validated and executed per the wishes stated in the document. If a will does not exist, then the estate is settled through Georgia’s intestate laws, which dictate the disbursement of property according to the deceased’s closest kin available. Probate also involves settling outstanding debts and paying all applicable state and federal taxes on the estate. Consulting a probate administration law firm can make this process easier and streamline its completion for you and your family.
Who Executes the Probate Process
The probate process as a whole is governed by the Probate Court. Each county has one, and the process must be initiated in the county where the decedent lived when they died. However, appointed individuals must initiate the process with the court. This individual may be an executor that is specifically named by the deceased individual in their will, or it could be an administrator appointed by the court if no will exists or other circumstances apply. This person is responsible for managing and inventorying the estate, settling debts, paying taxes, and distributing property as outlined in the will or state intestacy laws. Evans probate law firms can assist throughout this process and provide valuable guidance to ensure all requirements are properly fulfilled.
A Probate Attorney Outlines the Legal Process When There Is an Existing Will
A valid will streamlines the probate process after a decedent’s death. A last will and testament outlines the decedent’s wishes for what should be done with their property after their death. It outlines heirs and beneficiaries, along with any other directives that the individual decided to include.
To begin probate, the will must be evaluated and validated to ensure it is legally binding. A will should include the decedent’s signature and the signatures of two witnesses. After the will is deemed valid for a deceased individual in Evans, it should be filed with the Columbia County Probate Court, which will review it, acknowledge its validity, and, as necessary, appoint the named executor or another individual as an administrator. They will also send notice to all applicable heirs, beneficiaries, and creditors that the will has been entered into probate. Each party has an opportunity to respond to the notice and submit a dispute or claim against the estate.
Once probate has begun, the executor or administrator will go through the decedent’s estate and conduct an inventory. This may include personal belongings, real estate holdings, bank and retirement accounts, and more. After this is complete, the next step is to pay all outstanding debts and taxes and then distribute the remainder of the property to all heirs and beneficiaries outlined in the will. Probate attorneys can help protect family members and their inheritance during this stage. An estate is considered settled after all debts and assets are resolved.
A Probate Lawyer Outlines the Legal Process When There is No Existing Will
According to Caring.com, more than 50% of the U.S. population does not have a will. That means that more estates are settled through intestate succession than they are by a will. Courts use a formula that prioritizes the degree of kinship from the decedent when the estate is settled. As such, family members could receive property that the deceased individual may not have chosen themselves. Hiring a probate court law firm is essential for navigating this process.
When the decedent did not leave a will, or a valid will, the court will begin by appointing an administrator who can manage the estate during the probate process. This individual will conduct the inventory of the estate, pay off debts, pay taxes, and distribute the remaining property in accordance with intestate succession laws. This person may be a spouse, heir, creditor, or other family member or county administrator, according to Georgia Code § 53-6-20.
Once all debts and taxes are paid, the remaining assets are distributed according to the intestate succession rules. This means that the decedent’s spouse, or spouse and children, are prioritized when distributing the estate. They receive priority because of their close degree of kinship to the deceased individual. If a spouse or children are not available, then the decedent’s parents are next to inherit, followed by siblings, grandparents, aunts and uncles, and other applicable family members, depending on who the next available kin is.
It is important to be aware that even when following this formula by the state, issues and disputes can still arise during the process. Probate law firms have the experience and legal knowledge necessary to handle these issues as they arise and provide direction on how to proceed.
Probate Administration Lawyers Prepare You for Varying Timelines for Resolving Probate
Multiple factors can impact the length of time it takes to resolve a deceased individual’s estate. The complexity and size of the estate, family issues, whether or not any aspect of probate is contested, executor/administrator obstacles, tax challenges, and so much more. Each of these issues can significantly complicate and prolong the process, so it is important to discuss your specific circumstances with an experienced probate administration lawyer.
In general, probate can range from six to 12 months, but can easily take longer if challenges arise. Georgia does not put a time limit on the probate process itself, but each step within the process may have certain time restrictions in an effort to keep the process moving forward. An Evans probate lawyer can provide clarity based on your specific situation. Additionally, disputes that require litigation may be subject to specific time limits.
Understanding How Debts are Handled and Settled During Probate
While assessing and handling assets is a considerable part of probate, communicating with creditors and settling debts is another significant part of the process, and one that can take up a lot of time. Debts must generally be paid and resolved first since they dictate which assets remain to be distributed under a will or as directed by intestate laws. To settle a decedent’s outstanding debts, the executor of the estate must follow a specific process.
After probate has been opened, an executor must notify creditors of the decedent’s death by publishing a notice in the newspaper for four weeks in a row. Creditors may typically make a claim against the estate within three months of the notice. The decedent’s debts are assigned different priorities, and each creditor’s claim is assessed to see where it falls. Priority debts include:
- Funeral and burial costs
- Mortgages
- Vehicle and other secured loans
- Federal or state tax debts
- Medical expenses
- Credit card debt
- Student loans
- Personal loans
- Liens
Each debt will be settled from highest priority to lowest during probate. This helps ensure that the most important ones are paid off first. Depending on the circumstances surrounding the estate, some or all of the estate’s assets may have to be sold to pay off the decedent’s debts. This can dip into what is available for heirs and beneficiaries, leaving them with less at the end of the legal process. There may also be some assets that are considered exempt from liquidation, so it is important to discuss what those may be for the estate with your lawyer.
There may be times when an estate does not have enough assets to settle all the debts left by the decedent. This means that the estate is insolvent. Because certain debts are prioritized over others, it means that unsecured debts like credit card balances may not be paid. If any debts were cosigned, that person becomes responsible for paying off the remaining balance. Additionally, these situations also mean that heirs and beneficiaries do not inherit anything from the estate, unless they are entitled to an asset that is exempt from being used to pay creditors. Be sure to consult a probate lawyer if it appears the estate is insolvent.
Probate Court Law Firms Provide Counsel for Nuanced Matters
In addition to the general probate process, there may also be other matters to navigate regarding the decedent’s estate. A year’s support and a Transfer on Death Deed are two such examples, and can impact how the estate is distributed and settled.
A Year’s Support in Georgia provides for the decedent’s spouse and/or minor children. Its purpose is to provide a year of financial assistance to offset living expenses and loss of income. This form of support is paid out of the estate and, if approved by the court, is paid before debts and taxes are paid. This can affect what debts are settled and what remaining assets are available to distribute. To file a petition for a year’s support and navigate the ramifications for the rest of the estate, seek out the assistance of an experienced probate court lawyer.
An Evans probate attorney can also help you navigate Georgia’s Transfer-on-Death Deed (TODD) process. This legal allowance makes it possible for a property owner to select a beneficiary who will receive the property after the owner’s death without the need for probate. A TODD can also supersede a will in situations where there are discrepancies between the two documents. Not only can a probate law firm handle these issues, but they can also guide you through the process to claim the property and complete the transfer.
How Probate Administration Law Firms Support You While Settling Your Loved One’s Estate
Mourning the loss of a loved one is a difficult and emotional time, and navigating probate can add an additional layer of stress that makes the aftermath even more challenging. Probate administration attorneys understand this and provide compassionate support and guidance to help you settle your family member’s estate as swiftly as possible. They also understand how complicated and overwhelming the process can be when you are unfamiliar with the requirements and what to expect.
At Garrett Murphy Law, we can help you prepare your petition and open administration. We ensure all documents are filled out correctly, supporting records are included, and that deadlines are met. As you progress through each stage of the process, a probate administration attorney will provide counsel so you can have peace of mind that you are making the best decision possible for your particular situation.
When issues arise, your lawyer will advocate for you, communicate on your behalf, and protect your rights. Whether issues are resolved in or out of court, a probate court attorney will ensure that you do not have to handle the matter alone. Our team has extensive legal knowledge and skills that they employ on your behalf to see that justice is done for the decedent, you, and your family.
Consult Evans Probate Lawyers Today from Garrett Murphy Law
Garrett Murphy Law can help simplify the probate process for you and your family. Our probate court attorneys provide experienced support and protect your rights when issues arise. We are equipped to handle a wide variety of probate cases and apply strategies that are tailored to your circumstances.
When you hire our Evans probate law firm, you can expect quality service and extensive legal knowledge designed to protect you and get results. Schedule a consultation today to learn more about us and how we can serve you. Our probate court lawyers are ready to answer your questions when you contact us online or by phone.