PROBATE OF ESTATES

Probate is the process by which property is transferred after the death of the owner. If there is a Last Will and Testament, the Executor named in the Will begins the probate process by filing a petition along with the original Will in the Probate Court of the county where the deceased person lived. Notice of the filing of the petition to probate the Will is required to be given to the deceased person's heirs at law, as defined under Georgia state law. After appointment, the Executor is sworn to follow the fiduciary duties required of an Executor, and to pay bills and transfer property to the beneficiaries named in the Will. If there is no Will, the Probate Court appoints an Administrator who must follow the laws of the state of Georgia when distributing the property.

Unless the Will contains a Self Proving Affidavit, it will be necessary to locate at least one of the witnesses to the Will and have them sign an affidavit attesting to fact that the legal requirements were followed when the Will was signed by the deceased person. This step will be required by the Probate Court before it will accept the Will for filing. Wills prepared by our office will contain the Self Proving Affidavit, and this additional step will not be necessary at the time of probate.

There are many assets that may not require probate. Non Probate Assets include real estate owned as Joint Tenants With Rights of Survivorship, which will pass automatically to the surviving owner, and beneficiary designated assets such as life insurance and retirement plans. Also, jointly owned bank accounts and vehicles will pass to the survivor, without the need for probate. However, if you have not named a beneficiary on your life insurance or retirement plans, or if you have named your Estate as the beneficiary, then a probate proceeding will be required in order to transfer ownership of this property to the beneficiaries named in the Will.

With a simple Will that has followed all of the required procedures and formalities, some estates can be administered and closed in as little as six months after opening. The time an estate is open depends on certain factors including the type of property owned, the beneficiaries designated, and whether the estate is subject to estate tax.

Kathleen Womack offers a full level of legal services for probate issues as needed by the client, including advice and consultation on all steps involved in the probate process, preparation and filing of the Probate Petition, and dealing with the next of kin, heirs at law, and creditors of the deceased person.

For assistance with your Probate case, please contact Kathleen Womack at 404-303-0130, or by e-mail to kathleen.womack@bellsouth.net.