Thomson Probate Attorneys

After the loss of a loved one, dealing with their estate can be an overwhelming process. If you are struggling with the legalese and complicated probate process, our Thomson probate attorneys are here to help. At Garrett Murphy Law, our Thomson estate planning attorneys will work tirelessly to ensure that all probate requirements are met. Our goal is to handle the paperwork, deadlines, and details so you can focus on your family and healing.

What Is Probate?

After someone dies, their estate enters a process called probate. This is the time period where you have to settle any debts and make sure their final wishes are honored. The Thomson McDuffie County Probate Court will handle the administration of the estate, beginning with the validation of the will, if one exists. The probate process will greatly differ if your loved one left a valid will or not.

 

If Your Loved One Left a Valid Will

If there is a valid will, it should provide the basic guidelines for the process ahead. The will should also name a person as its executor. If you were named as an executor, you will be in charge of inventorying assets, settling debts, and disbursing any remaining property. If, for whatever reason, you are not able or willing to complete this process, the courts can name a third-party administrator to manage the estate instead.

 

How the Courts Prove a Will Is Valid

The courts will begin by proving the will to make sure that it was valid. For a will to be considered valid in Georgia, it must be signed by the deceased (the testator) and two neutral witnesses. Some other issues can lead to a will being declared invalid, including:

• Lack of Mental Capacity: If there is any question of the testator’s ability to understand the document they were signing.

• Undue Influence: If there is any evidence suggesting that a third party coerced or manipulated the testator.

• Improper Execution: If there are issues with the signatures, dates, or presence of neutral, disinterested witnesses.

• Suspicious Circumstances: If there were any deathbed revisions or uncharacteristic deviations from prior plans.

• Ambiguity: If there are vague terms or errors that create uncertainty regarding the will’s intent.

 

Any of these issues could lead the court to declare the will invalid. Family members or interested parties could also question the validity of the will. When this happens, working with a neutral third party, such as a probate attorney, can help address these concerns and avoid taking the issue to court.

 

Steps in the Probate Process With a Valid Will

A thorough and well-drafted will outlines the full probate process for the executor. Once the will is validated, our probate attorneys will help you file the proper paperwork with the local court system. Once the court acknowledges the will, the executor will be legally appointed and will need to follow the official process.

The first step after validating and filing the will is to formally notify all interested parties. This means that all beneficiaries and known creditors must be informed of the person’s death and that the will is going through probate. Any concerns or debts against the estate should be raised at this point, before the legal process moves too far forward.

After all parties are notified, there must be a complete inventory and appraisal of all assets in the estate. A probate administration lawyer can help you with this process, as getting an accurate valuation of assets is important to the fiduciary duty of the executor. This part of the process is needed to ensure that taxes and the distribution of assets to beneficiaries are fair and transparent.

Prior to any assets being distributed, the estate must settle any outstanding debts, including final life expenses such as medical bills, taxes, and funeral expenses. Once the court reviews the paperwork and confirms that all debts are resolved, our probate administration attorney will help you distribute the remaining assets according to the directives within the will.

 

If Your Loved One Did Not Leave a Will

If your loved one did not have a chance to leave a will, or the will is declared invalid, this is considered dying intestate. If this happens, the court will appoint an administrator to look after the estate. Under Georgia code, the administrator could be a surviving spouse, a close heir, or even a court-ordered third party. 

As an executor or administrator, you must act as a fiduciary, legally required to act in the estate and its beneficiaries’ best interests. Our probate administration attorneys can help you through this process, ensure compliance, and limit your liability.

 

Probate Court Law Firms Help With Intestate Succession and Heirs

If you are unfamiliar with the intestate succession process, it may seem intimidating. After settling any debts, the court will attempt to distribute any remaining assets to heirs based on the closest family members. Surviving spouses and children are considered first, and then remaining family members are considered in this order: parents, siblings, grandparents, aunts, and uncles.

One of the biggest problems with intestate succession is that this disbursement process may not reflect the wishes of your lost loved one. If you have concerns regarding this process, our Thomson probate lawyer can help answer your questions.

 

Navigating the Creditor Claims Period and Priority of Payments

After an executor or administrator of the estate is officially appointed, Georgia law requires a statutory waiting period to allow creditors to come forward and file claims against the estate. The first step in this process is publishing an official Notice to Debtors and Creditors in the local county newspaper, such as the Augusta Chronicle. This public notice must run for four consecutive weeks, notifying potential claimants that the estate is being settled and providing a window of time to submit claims.

Generally, creditors have three months from the date of the final publication to file a formal claim against the estate. As the personal representative, you must verify the legitimacy of every claim before any funds leave the estate’s accounts. Paying an invalid or expired debt not only depletes the inheritance intended for your loved ones but can also lead to legal complications. 

If an estate’s assets are limited, you cannot simply pay the bills in the order that they arrive. Georgia law establishes an order of priority for payments, starting with the Years’ Support for the surviving spouse and minor children and funeral expenses. Our probate court law firm can help you determine the validity of claims and process payments in accordance with this hierarchy. 

 

Our Probate Court Attorney Helps With Georgia Laws and Provisions

Georgia probate law has specific legal benefits and requirements that can significantly shift your journey through the probate process. Our probate lawyers have the local knowledge and experience to support you through the process of settling your loved one’s estate. 

 

Providing for the Family Under The Year’s Support Provision

Georgia provides a safety net for families that have lost a spouse called the Year’s Support provision. This allows a surviving spouse or minor children to request that a portion of the estate be reserved exclusively to support them for one year after their loved one’s death. This claim takes legal precedence over most debts against the estate.

Our probate attorney can help you file for the Year’s Support provision. Our probate court lawyer will help you get the immediate financial security it provides and determine whether it can be used to reduce any property tax burdens on the family home while the estate is being settled.

Streamlined Assets Avoiding Probate

To reduce the time and expense of probate, our Thomson probate attorney can help you understand the assets that can avoid probate altogether. These include properties that are automatically transferred upon death, such as:

 

• Revocable Trusts: When established during the lifetime of the decedent, these trusts allow assets to bypass the probate court entirely.

• Some Retirement and Financial Accounts: Some banks, investments, and retirement accounts allow for direct beneficiaries to be named. This bypasses probate and goes directly to those named upon death.

• Transfer on Death Deeds (TODDs): These allow real estate to pass directly to a named beneficiary the moment the owner passes.

 

Probate administration law firms will help you understand the different assets within the estate as well as walk you through the process of transferring ownership. If you have further questions, check out our guide to clients’ FAQs. 

 

Consult With Our Thomson Probate Law Firm Today

Going through the probate process after the death of a loved one is never easy. Trust in the probate administration law firm of Garrett Murphy Law to help you through with compassionate advocacy. Our probate court lawyers are here to answer your questions and guide you through the process, no matter the size of the estate.

Learn more about how our probate court attorneys can help and contact us to set up a confidential consultation. We will set up a meeting for you to speak directly with one of our probate administration lawyers and get you moving forward with peace of mind.