Probate Lawyer, Atlanta
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Your Probate and Estate Administration Attorney in Atlanta GA
Perigon Legal Services is a law firm specializing in probate law in Atlanta, Georgia. Our Probate Lawyer in Atlanta might help with the probate process.
As Benjamin Franklin said, ‘nothing is certain except death and taxes. ‘This is still true today. In spite of how traumatic losing a loved one may be, taxes need to be paid.
During this difficult time, the last thing you want to do is deal with a deceased person’s estate. It almost seems as if you are relegating the dead to mere objects.
Probate is the legal process by which a person’s assets are distributed after death. The entire process includes the court-supervised transfer of a deceased person’s assets to their beneficiaries and the payment of any outstanding debts or outstanding taxes.
Estate administration involves the management of a person’s assets and affairs after their death. This includes identifying, valuing, and distributing the deceased person’s assets, paying debts and taxes, and transferring property to the designated beneficiaries or heirs.
The process of probating and administering an estate can be time-consuming and complex. While Georgia estate law offers a more affordable alternative, it can be overbearing and confusing.
It is essential to use an experienced estate lawyer to ensure that your loved one’s assets are distributed according to their wishes and in compliance with applicable Georgia’s probate laws.
The Probate Process
Probate involves several steps, including the following:
- Filing the will with the probate court.
- Petitioning the court to start the probate process.
- Notifying all interested parties, such as heirs, beneficiaries, and creditors, of the probate case.
- Taking an inventory of the deceased person’s assets and debts.
- Paying any outstanding debts and taxes owed by the estate.
- Distributing the remaining assets according to the deceased person’s will or, if there is no will, according to state law.
- Closing the probate case once all the assets have been distributed, and all debts and taxes have been paid.
The probate process can be complicated with all the steps involved. Proper estate planning helps your loved ones navigate the probate process more easily. Schedule a consultation with skilled attorneys from Perigon Legal Services.
How Long Does Probate Take in Atlanta?
A simple, uncontested probate case could take between six months to a year. However, if the matter is contested or becomes complex, it could take years to finalize.
In probate and estate litigation, there may be questions about the validity of the will, which can lead to a delay in the resolution of the case.
Seeking help from Atlanta probate lawyers early on is a good idea if the matter is complicated or contested, especially if you suspect that further probate proceedings may be necessary. Georgia probate process could be complex. Having an skilled probate lawyer with experience in probate and estate administration, probate litigation, and a better understanding of probate law can help.
How Much Does a Lawyer Charge to Probate a Will in Georgia?
Because every probate case is different, just as every deceased estate is unique and requires a different approach, it can be very challenging to estimate the charges to handle a probate case accurately.
There are some probates that are contested, and some become highly litigious, dragging on for years and costing a lot of money. Others are uncontested and can be wrapped up in under a year for a reasonable fee.
In either case, it is vital that you consult with an experienced Atlanta probate attorney to determine the cost and timeframe of your case.
Do I Need a Probate Lawyer in Georgia?
The law of Georgia does not require you to use a lawyer for probate; indeed, if the probate is straightforward, you may be able to handle it on your own without a lawyer. In some cases, a probate court facilitator can assist the family members with the estate administration.
In cases involving litigation, contested wills, or complex cases, it is best to hire an Atlanta probate lawyer with the required skill and experience.
How Long Do You Have to File Probate After Death in Georgia?
Georgia law does not stipulate a timeframe. It is, however, a good idea to file probate without unnecessary delay and as soon as possible.
Until you have filed you cannot do the following until a probate petition has been filed:
Transfer real estate owned by the deceased individual.
Access funds in the deceased’s bank account or investment account unless the account was a beneficiary account.
Pursue a wrongful death claim.
Probate attorneys can ensure that your petition is filed in good time so that you don’t experience further inconvenience.
What Assets Are Exempt From Probate in Georgia?
There are some assets that are exempt from probate and can be transferred directly to beneficiaries without going through the probate process. These assets include:
- Assets held in a joint tenancy with the right of survivorship. If one owner dies, the other owner receives the deceased owner’s interest in the property.
- 401(k)s, IRAs, pensions, and other retirement funds: Retirement funds typically allow account holders to name beneficiaries who will inherit the assets directly.
- Life insurance policies: Policyholders typically name beneficiaries who directly receive the life insurance proceeds.
- Bank accounts with beneficiaries: Payable on death (POD) designations do not go through probate. Also, a transfer on death (TOD) designation makes real estate or vehicles non-probate property.
- Small estates valued at less than $100,000: These could be transferred using a simplified probate process or through an affidavit of a small estate.
How Perigon Legal Services Can Assist You
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