Marietta Probate Lawyer

After a loved one passes away, settling their estate may feel like an overwhelming burden on the family. An already emotional time can easily be made worse by the complicated legal proceedings involved in probate.

Probate is the court based process for transferring a loved one’s property to the heirs named in their Will In the instance that there is no Will, the courts will make this decision for you. If you and your family are beginning this process, speak with a Marietta probate lawyer at Nelson Elder Care Law. Our experienced attorneys can guide you through this difficult time and help ensure that your loved one’s final wishes are achieved.

The Probate Process in Marietta

The probate process begins with filing the deceased’s Will in court. The Will typically names a personal representative, also known as an executor, to take care of the legal proceedings surrounding the deceased person’s property, home, and savings.

The process can be lengthy, especially in complex cases, but it generally takes a minimum of about six months to a year to settle a Will. The skilled probate attorneys at our firm can help to move this process along and avoid time-consuming mistakes.

Responsibilities of the Executor in Probate

The executor’s primary responsibility is to distribute the property and savings according to the instructions outlined in the Will. Becoming an executor is voluntary and there are many important responsibilities that come along with the role. An executor’s mismanagement of estate funds may lead to personal liability for any losses that result, so it is important to seek legal counsel if you are undertaking this job.

As an executor, your responsibilities in the probate process include:

  • Filing the Will with the probate court
  • Petitioning the probate court to start the process and paying related court fees
  • Gathering the deceased person’s property, savings, and other belongings
  • Using that money to pay their debts to creditors and tax collectors
  • Distributing the remaining property and money to the heirs listed in the Will
  • Keeping records of everything you do in the probate process
  • Finishing the process by filing a final report with the probate court

What Goes through Probate?

The only circumstances in which a Will does not have to go through probate proceedings is if the deceased person did not own any property on their own, or if the Will only contains things that may be legally excluded from probate. However, even if the Will only includes non-probate items, it still must be filed with the probate court.

Some examples of things that may avoid probate include:

  • Life insurance policies
  • 401(k)s and other retirement savings accounts
  • Items that are co-owned with another person
  • Items held in a Trust

The lawyers at our Marietta office have extensive probate experience and can advise on what things may or may not have to go through probate. We can also help you use estate planning strategies so that your family can avoid probate in the future.

Work with a Marietta Probate Lawyer

Probate can be a stressful process for anyone involved. The proceedings may be even more difficult if there are family disagreements over the terms of the Will or who will receive what inheritance.

If you wish to lessen the stress of your future heirs, consult the legal team at Nelson Elder Care Law on strategies for avoiding probate. If you are currently going through the legal process after the death of a loved one, our Marietta probate lawyers can advise you on executor duties and help you reach an efficient resolution. Give us a call today to discuss your situation.

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben
Client Reviews

Fantastic and Very Knowledgeable!

By: Kari C.

Title: Fantastic and Very Knowledgeable!

Description: Cindy and the entire team are fantastic and very knowledgeable! I highly recommend working with this team BEFORE a crisis happens. They will help you make a plan and reduce your stress level....something we all need!

Rating: ★★★★★ 5 / 5 stars