Martinez Probate Attorneys
When an individual dies, their estate passes into probate, where it can be inventoried and settled. This process involves many steps and nuances that can be confusing and overwhelming. Martinez probate lawyers can provide compassionate guidance, advocacy, and support. They can help you determine the most effective and efficient way forward as you begin to settle your loved one’s estate.
The Martinez estate planning attorneys at Garrett Murphy Law work diligently and tirelessly on your behalf to ensure that all probate requirements are fulfilled and that the estate is handled and distributed fairly and legally. We know how quickly issues can come up during this process, and we are equipped and prepared with customized strategies and solutions. With the help of our probate law firm, you have an ally by your side throughout the entire case.
Settling an Individual’s Estate After Their Death
Probate is the process of settling and closing a deceased individual’s estate after they die. The process ensures that debts and taxes are paid and heirs and beneficiaries receive assets they may be entitled to receive. The probate process typically varies based on whether or not the decedent had a will. This sets the stage for how the estate will be handled and distributed. Probate court law firms are experienced in handling both processes, and can provide detailed direction based on the circumstances surrounding the decedent’s estate.
While the court must be involved to validate wills, open, oversee, review, and close probate, and settle potential disputes, they do not handle the logistics involved. An executor (if there is a will) or an administrator (if there is no will or a named executor cannot serve) will be put in charge of assessing and executing the estate. All debts, taxes, and assets must be accounted for and resolved before probate can be closed.
How Probate Court Attorneys Settle an Estate With a Will
Probate with a will often streamlines the process since the decedent left specific instructions on how their assets are to be distributed. This takes the guesswork out of distributing property and does not leave it up to the courts. While debts and taxes must be taken care of first, the remaining property can be handled smoothly in most situations.
When the decedent has a will, it must first be submitted to the court for validation and to open probate. For individuals who resided in Martinez at the time of their death, the will should be filed with the Columbia County Probate Court. They will ensure that the will has the decedent’s signature on it, as well as the signatures of two witnesses. Once the will is validated, probate may begin by either appointing the executor outlined in the will or appointing another person as an administrator. The court will also provide all interested parties with notice that probate has been initiated. These parties may either acquiesce or submit a contesting claim.
Unless an issue arises, the executor or administrator will begin conducting an inventory of all of the estate’s assets and debts, per their outlined responsibility. They will also take care of settling outstanding debts, paying taxes, and distributing assets before closing the estate.
How Probate Court Lawyers Settle an Estate Without a Will
Many individuals do not have a will at the time of their death, and this makes probate more challenging and drawn out. Before probate can begin, the court must appoint an administrator who will handle the estate during the legal process. Per Georgia Code § 53-6-20, a spouse, heir, family member, creditor, or other applicable party may serve in this capacity for the duration of probate. Similar to settling an estate governed by a will, the administrator will create an inventory of the decedent’s assets and debts, pay taxes and settle with creditors, and distribute property. However, this is where the two probate processes diverge significantly.
Assets are divided according to Georgia’s intestate succession laws. These laws prioritize the individuals closest to the decedent by degree of kinship. As such, a decedent’s spouse and/or children are the first to inherit the estate if they are available. If they are available, the court will turn to individuals by successive degrees of kinship until the next closest available beneficiary is located. Other family members who may be eligible are as follows: parents, siblings, grandparents, uncles and aunts, and remaining applicable family members.
To navigate Georgia’s intestacy laws, potential disputes, and/or administrator duties, consult probate administration attorneys for guidance and counsel. Probate without a will can be much more complex, and having a knowledgeable legal team by your side can significantly impact the process and outcome for the better.
Probate Administration Law Firms Provide Guidance on Assets
A decedent’s estate is generally made up of several important assets that can be used to settle debts and pay taxes, with the remaining assets going to eligible heirs and beneficiaries. As such, several of these assets must go through probate. Probate lawyers can provide directions on how assets should be handled, as some may be more complex and nuanced than others. Below is a closer look at the various types of assets that are subject to probate.
Real Estate
Real estate, such as property and land holdings, must generally go through probate to determine how to move forward. Property may be used to settle debts, or it may be transferred to an heir as inheritance or another applicable party. It is also important to note that Georgia allows a Transfer-on-Death Deed (TODD) regarding real estate. This process doesn’t necessarily require probate as long as the decedent instituted the proper documentation during their life specifying a specific inheritor.
Vehicles
Similar to real estate, vehicles may also need to be used to pay off debts or transferred to an heir or beneficiary. Vehicles that are jointly owned may not have to go through probate since part ownership is already established. Consult a probate administration attorney for how to proceed.
Financial Accounts and Holdings
Bank accounts, retirement accounts, investments, and other financial holdings are significant assets in an estate. These liquid and non-liquid assets can be used to pay off debts and taxes from the estate without having to draw upon physical assets. If there is enough left in these accounts afterward, then a probate court lawyer can help disburse funds to inheritors as applicable.
Business Accounts and Holdings
Business accounts, property, and other holdings must also be assessed and used or transferred as necessary during probate. These assets can be particularly nuanced and require special consideration and handling after a decedent’s death. However, experienced probate law firms can help navigate these situations.
Personal Belongings
A deceased individual’s belongings are subject to probate if they do not have a specific designation or co-owner. Each item must be included in the estate’s inventory, and items must be sold or transferred as applicable.
The Importance of Establishing the Executor of the Estate From the Outset of Probate
Since there are many assets that must be handled during probate, along with debts that must be settled, this process can be complicated and lengthy. This means that whoever is named as executor of the estate bears significant responsibility since they have the legal authority to sell off assets and pay off debts. As such, it’s important that the executor of the estate is recognized by the courts at the start of probate so they receive the necessary legal authority to act on behalf of the estate.
If a will names an executor, the court may affirm that individual’s role in probate. The court may also appoint another executor if the individual who was named waives their right to the role. In situations where a will does not exist, the court must name an administrator to handle probate. Regardless of which probate process is used, the court will confer a Letter of Testamentary to the individual handling probate to recognize them in the eyes of the state and allow them to carry out their duties during probate. This, for example, allows an executor to sell the decedent’s house, access their financial accounts, pay creditors, distribute assets, and take other applicable actions.
This responsibility can feel overwhelming and even daunting when you are in the midst of grieving the loss of your loved one. This may be especially true if there is contention among family members or outside parties. As such, hiring a probate administration lawyer in Martinez can provide valuable support throughout the probate process. While hiring a lawyer does not absolve you of your responsibilities as the executor, it does allow you to get their help with filing paperwork, handling assets and debts, communicating with creditors and beneficiaries, and much more. They can also provide valuable insight into how to move forward when you are unsure about what to do next.
Working with a lawyer versus handling your case yourself can make the overall process less stressful and minimize the need for court involvement. It can be difficult to think clearly after a loved one’s death, and probate requires the ability to pay attention to details and make clear decisions. As such, hiring an experienced Martinez probate attorney can provide you with a little more space to grieve your loved one and ensure that all requirements are fulfilled and that paperwork is completed accurately and on time.
A Probate Attorney Can Help You Navigate Debts and Taxes for the Estate
If a person died with outstanding debts, these must be settled before any assets can be distributed and probate can be closed. Similarly, applicable federal and/or state taxes must be paid as well. Several parties may have a claim on funds from the estate, so a Martinez probate lawyer will help evaluate all applicable debts and provide direction on how they must be handled. Below are a few items that are prioritized during probate.
Year’s Support
Before any debts are paid, a probate court law firm can help a decedent’s spouse and/or minor children petition the court for a year’s support. If granted, a year’s worth of financial assistance is issued to assist with basic expenses and to supplement the deceased’s lost income. Because this is paid first, it may affect how much the estate has to settle other debts.
Creditors, Lenders, and Third Parties
Creditors, lenders, and other third parties may submit a claim against the estate for the amount they are owed. A probate administration lawyer can help you determine what funds are available and how to settle these debts. In some instances, minor debts may be discharged. In other instances, assets intended for heirs or beneficiaries may have to be used to pay off debts.
Final Medical Expenses and Funeral and Burial Expenses
Funeral and burial expenses can be paid for out of the deceased individual’s estate. Applicable medical liens and final arrangements can be settled during probate with the help of a Martinez probate lawyer. They will help you navigate these expenses to make sure all are accounted for.
Federal and State Taxes
A probate court attorney can work with a CPA or accountant to help determine what federal and/or state taxes must be paid out of the estate. The amount of taxes that must be paid depends on the size and value of the estate. While Georgia doesn’t apply an estate tax, there may be a federal estate tax and other state-level taxes. Tax professionals can provide clarity on all tax obligations related to the estate.
Martinez Probate Attorneys Are Ready to Assist You
Garrett Murphy Law applies our extensive legal knowledge to your case so you can navigate probate with confidence and peace of mind. Our probate administration lawyers provide high-quality service and counsel designed to protect your best interests and the interests of the decedent.
As we work to streamline the process, we take the time to answer your questions and make sure we are using the most effective strategies in your case. To learn more about our team and what services we provide, schedule a confidential consultation with our Martinez probate law firm today.