Your Probate Process
No money down – Retain us for probate assistance and you do not have to pay until the funds are available from the estate.
We know it is complicated, we are here to help.
Contact, Sign, Secure
In the initial stages of the probate process, it is essential to contact a probate lawyer, sign and file the petition with the court to initiate the proceedings, and begin securing the deceased’s assets to ensure they are protected throughout the legal process.
- • Contact Nelson Elder Care
- • Sign the Petition
- • Secure the Assets; You are personally liable
Contact Parties Involved
After the probate petition is filed, it is important to send formal acknowledgements to the heirs, notifying them of their involvement in the process and providing details about any upcoming court proceedings.
- • Sent acknowledgments to heirs and interested parties
Assets
Gathering assets is a critical step in managing and distributing a deceased person’s estate. This involves identifying, locating, and securing all the assets owned by the deceased at the time of their passing. These assets can include bank accounts, real estate, personal belongings, investment portfolios, and any other property of value. Properly gathering assets is essential for settling debts, taxes, and ultimately distributing the remaining estate to beneficiaries according to the will or state laws.
- • Client obtains a list of assets and debts
- • Nelson Elder Care submits petition
Oath and Order
Once the court approves the petition, you will take the executor’s oath, receive the court order and letters, and consult with Nelson Elder Care Law to begin managing the estate and fulfilling your legal responsibilities.
- • Sent acknowledgments to heirs and interested parties
The passing of a loved one is always difficult. If you are named as executor of the will, you have a lot of responsibilities to deal with in addition to the emotional toll. You’ll need to manage some very specific legal tasks to settle the estate.
Most estates in Georgia must undergo probate, and it can be a daunting and frustrating process. The assistance of our probate administration lawyers in Marietta can ease your burden and make sure you are compliant with Georgia law.
Our team at Nelson Elder Care Law has served over 7,000 families and assisted them with the complex legal issues that come with getting older. Contact us today to request a Legacy Planning Meeting and find out how our elder care lawyers in Marietta can help with your probate concerns.
What Is Probate in Georgia?
Probate is the legal process for settling a deceased person‘s estate after they pass away. It makes sure their financial matters are handled and their property is transferred legally. While you can do it on your own, it’s a complicated process that often requires help from an attorney.
The probate procedure involves validating the will and appointing an executor named in the will. If no executor is specified or if there is no will, the court will appoint an administrator. The duties of the executor or administrator include:
- Identifying and valuing the deceased’s assets
- Paying debts, taxes, and expenses of the deceased
- Distributing remaining assets to heirs or beneficiaries named in the will
In Georgia, the probate courts oversee this process. While most estates must go through probate, some assets, like jointly owned property or accounts with named beneficiaries, can bypass probate completely.
Secure Your Legacy Today! Schedule a Free Probate Administration Consultation with Our Experienced Georgia Attorneys.
What Does a Probate Administration Lawyer Do?The probate process in Georgia is complicated and usually unavoidable. Mistakes can result in legal action against the executor, and it’s smart to consult with a lawyer for help. Some of the ways our probate administration attorneys in Marietta can assist you include:
- Filing the will with the court to initiate the probate process
- Drafting and filing all necessary petitions and legal documents
- Helping you understand your legal responsibilities and advising on the best course of action
- Helping you pay outstanding debts, expenses, and taxes owed by the estate
- Resolving disputes with creditors or other interested parties
- Distributing assets to heirs and beneficiaries following the will or state law
- Handling contested will cases and representing you in court, if needed
- Ensuring the estate and you, as the executor, remain in full legal compliance throughout the probate process
Usually, it’s not wise to attempt to handle a complex estate on your own. Getting help with the probate process keeps you legal and ensures the estate is dealt with correctly and following Georgia law.
Take the first step toward peace of mind for you and your family. Call Us Today
What if There Is No Will?
Georgia has specific regulations called intestacy laws that determine what happens with an estate when there is no will. Instead of an executor, the court will appoint an administrator to handle the legal tasks necessary in settling the will.
Without named beneficiaries, the court will distribute the estate with prioritization for close family first.
- If there is a surviving spouse and children, the estate will be equally divided, with the spouse receiving at least a third.
- If the deceased had no spouse or children, parents are next in line, followed by siblings.
- If there are no known relatives, the State of Georgia may claim the estate.
Our Marietta probate administration lawyers have the experience and knowledge to handle complicated cases where there is no will, and there may be conflict between family members.
How Much Does a Probate Lawyer Cost?
At Nelson Elder Care Law, we offer No Money Down Probate. Thus, when you hire our services to assist with probate administration, you pay nothing upfront. We’ll take a flat, predetermined fee once the estate is settled. The amount of the fee will depend on the complexity of the estate. There are no surprises and no hidden charges.
While you could save money by handling the estate on your own, you risk making critical errors that can lead to confusion, disputes, and potential legal action. Working with an attorney means you have a knowledgeable ally in your corner, making sure you get it right.
The Importance of Estate Planning
While probate is often required in Georgia, proper estate planning can make the process smoother and less stressful for both the executor and surviving family members. Tools such as wills, trusts, and Transfer on Death Deeds can help simplify or even reduce the scope of probate.
- A will that names an executor and clearly states the deceased’s wishes can reduce confusion and lower the chance of family disputes.
- Trusts can exclude certain assets from the probate estate and provide detailed instructions for how and when they should be distributed.
- A Transfer on Death Deed allows property to transfer automatically to a designated beneficiary upon the original owner’s death, while still letting the original owner live in and use the property during their lifetime.
If you’re in the estate planning phase, our team can help you explore options that can simplify the probate process and clarify asset distribution for beneficiaries.
Get Help From a Probate Administration Attorney in Marietta
The probate process in Georgia is hard to manage under the best of circumstances, but when you are grieving over the loss of a loved one, it can be especially difficult. However, as executor of the estate, it’s your duty to comply with the law and settle the estate properly.
A little legal assistance can go a long way in times such as these, and our probate administration attorneys in Marietta are here for you. We can help you understand the process and settle the estate so you can spend more time with your family.
At Nelson Elder Care Law, we’ve taken pride in assisting older adults and their families with their legal needs since 2014. Contact us today to schedule a Legacy Planning Meeting and find out how we can help.
