Probate - Estate Administration
By Shelley Elder, Estate and Probate Lawyer serving the North Atlanta metro area, including Bartow County, Cherokee County, Cobb County, Paulding County
The death of a loved one can be a very stressful and emotional time. It can sometimes be overwhelming to think about, let alone take care of, the responsibility that comes with wrapping up that loved one's final personal affairs. It is very important for you to make the decision during your lifetime about who will be entrusted to handle your affairs after your passing. Elder Law Firm is committed to providing caring, individualized, thorough representation relating to probate, also called estate administration, for our clients. "
Probate, also called estate administration, is a legal process in which the probate court will oversee the distribution of property as determined by a Last Will and Testament, if there is one. Usually an estate administrator, also known as an Executor or Executrix, is named in the will, but if there is no will, then the probate court will appoint one. If there is a will, an individual usually will name a family member as the executor or personal representative of the estate. However, it becomes difficult for the named family member when it comes time to probate because he/she may be unfamiliar with the probate process. The probate process can be timeconsuming
and stressful, and begins with recording the will at the probate court.
Sometimes getting an estate probated is hindered by disgruntled heirs. Probate attorneys frequently encounter people who are not named in the will who believe that they should receive some sort of an inheritance, but weren't named as a beneficiary, or they think they should receive more than what they will get. These disgruntled heirs may testify that the decedent may have been improperly influenced in making gifts in the will, the decedent had insufficient mental capacity (did not know what they were doing) at the time the will was executed, and the decedent did not follow the necessary legal formalities when drafting the will. The last reason listed is a
good reason for people to hire an attorney who specializes in estate planning and probate to draft wills, rather than self-preparing the will.
The estate administrator will also have the responsibility of identifying and making an inventory (with values included) of all assets left by the decedent (person who died). The administrator will also be responsible for paying any remaining debts and taxes out of the estate and distributing the remaining property as the will (or as state law, ifthere is no will) directs. Often, the decedent will owe money to one or more creditors who have rights with respect to the estate assets, and this can complicate the probate administration. The administrator then will distribute the remaining assets to the beneficiaries. The probate rules that apply in Georgia are not always simple and clear, and if not followed property, may cause penalties to be imposed and lead to lawsuits against the executor/personal representative for breach of fiduciary duty.
The probate process requires a lot of time, effort, and paperwork, and can be stressful in your time of grief. Many times, families will need representation in court by a probate attorney, and normally the estate of the decedent will pay any attorney and/or court fees.
Probate can be a complicated and burdensome process, depending on what assets a person had at their death, what estate planning they did or didn't do while they were alive, and how familiar the executor or personal representative is with the state laws surrounding the probate. Some types of property can avoid the probate process altogether. For example, property and other assets held in a trust may be exempt from probate. Laws change all the time, and each estate is different. You can consult an experienced probate and estate planning attorney, such as Shelley Elder of Elder Law Firm, so that you will know the proper course of action for your family
member's estate.
Georgia Probate Courts:
Additional Probate information:
www.gaprobate.org/
Shelley Elder of Elder Law Firm meets with clients in the North Atlanta metro area, including Acworth, Cartersville, Dallas, Emerson, Kennesaw, Marietta, Powder Springs, Smyrna, Woodstock, and other communities in Bartow County, Cherokee County, Cobb County, and Paulding County.
The death of a loved one can be a very stressful and emotional time. It can sometimes be overwhelming to think about, let alone take care of, the responsibility that comes with wrapping up that loved one's final personal affairs. It is very important for you to make the decision during your lifetime about who will be entrusted to handle your affairs after your passing. Elder Law Firm is committed to providing caring, individualized, thorough representation relating to probate, also called estate administration, for our clients. "
Probate, also called estate administration, is a legal process in which the probate court will oversee the distribution of property as determined by a Last Will and Testament, if there is one. Usually an estate administrator, also known as an Executor or Executrix, is named in the will, but if there is no will, then the probate court will appoint one. If there is a will, an individual usually will name a family member as the executor or personal representative of the estate. However, it becomes difficult for the named family member when it comes time to probate because he/she may be unfamiliar with the probate process. The probate process can be timeconsuming
and stressful, and begins with recording the will at the probate court.
Sometimes getting an estate probated is hindered by disgruntled heirs. Probate attorneys frequently encounter people who are not named in the will who believe that they should receive some sort of an inheritance, but weren't named as a beneficiary, or they think they should receive more than what they will get. These disgruntled heirs may testify that the decedent may have been improperly influenced in making gifts in the will, the decedent had insufficient mental capacity (did not know what they were doing) at the time the will was executed, and the decedent did not follow the necessary legal formalities when drafting the will. The last reason listed is a
good reason for people to hire an attorney who specializes in estate planning and probate to draft wills, rather than self-preparing the will.
The estate administrator will also have the responsibility of identifying and making an inventory (with values included) of all assets left by the decedent (person who died). The administrator will also be responsible for paying any remaining debts and taxes out of the estate and distributing the remaining property as the will (or as state law, ifthere is no will) directs. Often, the decedent will owe money to one or more creditors who have rights with respect to the estate assets, and this can complicate the probate administration. The administrator then will distribute the remaining assets to the beneficiaries. The probate rules that apply in Georgia are not always simple and clear, and if not followed property, may cause penalties to be imposed and lead to lawsuits against the executor/personal representative for breach of fiduciary duty.
The probate process requires a lot of time, effort, and paperwork, and can be stressful in your time of grief. Many times, families will need representation in court by a probate attorney, and normally the estate of the decedent will pay any attorney and/or court fees.
Probate can be a complicated and burdensome process, depending on what assets a person had at their death, what estate planning they did or didn't do while they were alive, and how familiar the executor or personal representative is with the state laws surrounding the probate. Some types of property can avoid the probate process altogether. For example, property and other assets held in a trust may be exempt from probate. Laws change all the time, and each estate is different. You can consult an experienced probate and estate planning attorney, such as Shelley Elder of Elder Law Firm, so that you will know the proper course of action for your family
member's estate.
Georgia Probate Courts:
Additional Probate information:
www.gaprobate.org/
Shelley Elder of Elder Law Firm meets with clients in the North Atlanta metro area, including Acworth, Cartersville, Dallas, Emerson, Kennesaw, Marietta, Powder Springs, Smyrna, Woodstock, and other communities in Bartow County, Cherokee County, Cobb County, and Paulding County.
