When you pass away, your property and savings will likely go through a court-supervised process known as Probate. Typically, this will be done based on your Last Will and Testament, which should name a person to serve as personal representative. This person will be in charge of representing you and your family’s best interests during the Probate process.
Unfortunately, there can be some major downsides to the Probate process, as it can be costly and time-consuming. To simplify the process for your family or even avoid it entirely, work with an experienced attorney to come up with an effective Estate Plan.
At Nelson Elder Care Law, one of our experienced Georgia Probate lawyers will help you gain peace of mind that your final wishes will be respected. Our attorneys can also help you navigate the legal system if you are dealing with the Probate process after the death of a loved one.
The Probate process exists to address your house, savings, and any other property or belongings you own at the time of your passing. However, this process can be avoided if you share ownership of your property with someone else, such as your spouse. In this case, your spouse will maintain ownership of your marital property after you pass away.
You can also avoid Probate by transferring your property into a Trust. This Estate Planning tool allows your belongings to be distributed according to the Trust document rather than Probate. One of our skilled lawyers can explain how this works and help you determine if a Trust is appropriate for your situation.
When planning your Estate, our team can provide important guidance on how to avoid or minimize Probate. However, if Probate is still required, our attorneys can also help make the process as convenient as possible for your family.
While every case is different, Probate typically follows the same general process. A Probate lawyer in Georgia can help you develop an Estate Plan that limits the chances of disputes or complications, which could draw out the process. If you were named as a personal representative in someone’s Will, we can also walk you through the following steps of Probate and help you fulfill your duties.
The first step in Probate is for the personal representative named in the Will to seek approval from the court. After court approval, the personal representative must document all the belongings that will be distributed to their heirs. This part of the Probate process provides family and creditors with a better idea of the property left behind, as well as any debts the deceased person may have owed.
The next step for a personal representative is administrating the Will. This involves submitting the Will to Probate court, notifying creditors and heirs, and addressing any challenges. This also involves paying the deceased person’s debts in the proper legal order and determining how any property is going to be split.
There are many specific tasks involved in administrating a Will, so personal representatives should consult our knowledgeable attorneys to ensure proper completion of all the requirements. Our legal team can also help you plan ahead so that this part of the Probate process is as easy as possible when the time comes.
The final stage of Probate involves distribution and discharge. This simply involves the personal representative distributing all the belongings to the rightful heirs. Once this is done, the Probate process will end (discharge).
It is important for you to understand how Probate works so you can feel confident that your final wishes will be followed after your passing. With the assistance of our well-practiced team, you can ensure the court distributes your property as you see fit.
Let a Georgia Probate lawyer at Nelson Elder Care Law help you make a plan for the future. To get started, schedule a consultation with our team right away.
