How a Probate Lawyer Can Help

When a person passes away, resolving their estate can be difficult. A probate lawyer can help make the process easier.

You may need to visit a probate court located in Marietta, Georgia if someone close to you passed away while living in the state. It is important to know what the procedure will entail before you attend.

Preparation of the Estate

In Georgia, as well as other states around the country, the process of settling a deceased person’s estate typically requires probate. Probate is a legal process that involves verifying a person’s death, determining their assets and debts, and distributing their property to their heirs or beneficiaries. A Cobb County probate lawyer can help you navigate the process.

The first step of the process is filing a petition to open probate with the court. The court will then appoint an executor, or in the absence of a will, a personal representative, to manage the estate. The executor or personal representative will be responsible for locating all the deceased person’s assets, paying their debts, and distributing their property according to their wishes.

A person can avoid probate by establishing and funding a Revocable Living Trust before their death. However, even those who make careful estate plans will often wind up in probate court after their death. That’s because not all types of property are exempt from probate.

Notification of Creditors

Georgia laws require the executor or personal representative of a deceased person’s estate to notify creditors and their rights, if any, to the deceased’s estate. It’s also the responsibility of the executor or personal representative to compile a list of assets, debts, and heirs that will be presented to the court.

A Georgia probate lawyer can help to expedite the process of opening an estate and completing these duties in a timely manner. Anyone serving as an executor or personal representative of a Georgia estate should always file paperwork properly and accurately.

The Cobb County probate courts have exclusive jurisdiction over civil cases such as the administration of estates, marriage license applications (available online), involuntary mental health commitments and validation of wills. A personal representative must also store all paperwork related to Georgia estates in a safe place. These records should be retrieved by family members and heirs when requested by the heirs.

Appraisal of Assets

The executor or administrator must determine if the estate has enough assets to pay off any outstanding debts. This step is required by Georgia law. If not, the property may have to be sold.

The assets will need to be inventoried and appraised. This can be a complex process and entails hiring a third party to perform the appraisal. A professional appraiser will estimate the value of items like stocks, bonds, cars, real estate, and other personal property.

Once the assets are accounted for, they can be distributed to family members and beneficiaries. This can be tricky, and it is important that the executor or administrator follow the rules of distribution outlined in Georgia law. If you are unsure about the proper steps to take, consult with an experienced probate attorney. They can help you avoid costly mistakes and ensure that all legal requirements are met. This will help the estate avoid disputes and litigation.

Transfer of Assets

The final step in the probate process is to distribute the deceased’s assets. This involves collecting and settling all of the estate’s resources (including bank account balances, cash investments, possessions, property, and real estate) paying off any valid debts and taxes, and distributing the remaining assets to Heirs.

A knowledgeable probate lawyer can help you navigate the complex legal matters involved in resolving an estate in Cobb County. A skilled attorney can provide you with advice, guidance and representation regarding a variety of issues that may arise during the probate process including beneficiary delegation, assets division and more.

While there are ways to avoid probate when you die, most Georgia residents’ estates will go through the court after their death. However, you can greatly reduce the likelihood of your estate going through probate by putting in place an effective estate plan with the help of an experienced Marietta probate lawyer. Having your attorney familiar with Georgia probate law can also make the process much less burdensome and costly for loved ones after your death.