The Atlanta Probate Court Guide

A probate court is a specific type of court that handles the property and debts of someone who has died. A probate court is the type of court that handles the property and back payments of somebody who has passed.

The central role of the probate court judge is to make sure that the dead person’s lenders are paid, and that any remaining possessions are distributed to the proper beneficiaries.

This writing is specialized for Georgia but is beneficial no matter where your probate court case might be.

Outstanding Probate Law Resources for the people of Georgia

Justia: Probate Lawyers in Georgia

The probate process is a legal treatment where a courtroom oversees the distribution of property of a person who has died. Many state governments have a specialized probate courtroom. In many states, it is called by other titles, such as Surrogate’s Courtroom, Orphan’s Court or Chancery Court. The court appoints someone to take control of the deceased person’s possessions, ensure that debts are properly paid, and distribute the remaining property to the correct beneficiaries.

Here are the steps of a probate process:

Probate in Fulton County identifies the process whereby certain of decedent’s debt may be settled and lawful name to the decedent’s property held in the decedent’s name individually and not otherwise distributed by regulation is transferred to heirs and beneficiaries. If a departed got a will, and the decedent experienced property at the mercy of probate, the probate process begins when the executor, who are nominated by the decedent in the last will, presents the will for probate in a local court in the county where in fact the decedent lived, or owned property. If there is no will, someone must ask the courtroom to appoint her or him as administrator of the decedent’s estate. Many times, this is actually the spouse or a grown-up child of the departed. After the appointment by the court, the executor or administrator becomes the legal representative of the estate.

The 4 Simple Steps to Probate

1. Document a petition and give notice to heirs and benefactors. The probate process begins with the filing of the petition with the probate court to either (1) admit the will to probate and appoint the executor or (2) if there is no will, appoint an administrator of the property. Historically, notice of the courtroom hearing about the petition must be provided to all or any of the decedent’s heirs and claimants.

2. Following visit by the court, the personal representative must give notice to all known lenders of the estate and take an inventory of the property. The non-public representative then gives written notice to all creditors of the estate based on state law; any creditor who desires to produce a state on assets of the estate should do so within a limited time period (which also varies by condition).

3. All estate and funeral expenditures, debts and taxes must be paid from the estate. The personal representative must determine which creditor’s claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to market estate property to satisfy the decedent’s commitments.

4. Legal title in property is transferred based on the will or under the laws of intestacy (if the deceased didn’t have a will). An adequately drafted will, updated regularly to account for life changes, organized information of bills, personal property and other property simplifies the probate process. The easier it is for your individual representative to trace your steps after you’re gone, the simpler the process.

Probate: Benefits and Drawbacks

The drawbacks of probate are what influence visitors to try to avoid it — specifically, that probate is time-consuming and expensive. Many states require 30 to 90 day waiting periods within probate. If a member of a family or potential heir decides to contest the will or the court’s asset distribution, the procedure can take even much longer. In addition, the courtroom, attorneys, assessors, and other experts involved all charge fees for digesting a property. These fees typically emerge from the estate itself.

A couple of, however, some advantages to the probate process. First, for certain estates in a few jurisdictions, probate may be required. You need to check with an area probate lawyer to determine whether probate is essential in your state. Second, the formality of probate courtroom often gives some degree of certainty to the deceased’s family. If there was ever a question about whether a will is valid or around the worth of a specific asset, the probate process will find an answer.

There are a number of different proceedings which might be recorded in the probate court of Atlanta following the death of the Georgia resident or a non-resident owning property in GA. Proceedings are recorded in the Probate Court of the state of the decedent’s home in Georgia or in the region where a property of the non-resident is situated. For each proceeding described, there’s a standard form, that your Court will provide to any petitioner.