Probate in Georgia is the legal mechanism for validating the deceased person’s will and distributing their assets to heirs. The court chooses an executor, who may or may not be the person named in the will. This person has important legal duties and responsibilities.
When a will exists, probate is usually a frustrating but fairly standard formality. But sometimes challenges arise, and family members have disagreements. If you believe you have been treated unfairly, our probate litigation lawyers in Marietta can help you stand up for your rights.
Our legal team at Nelson Elder Care Law has served hundreds of Georgia families and helped them with their legal challenges. Learn more about how our elder care lawyers in Marietta can help with our probate issues when you set up your Free Consultation.
What is Probate in Georgia?
Probate is a necessary step in distributing assets and settling a deceased person’s estate. In Georgia, probate cases are handled by the Probate Court in the county where the person lived at the time of death.
Probate starts when a petition is filed with the Probate Court. If the deceased left a will, the named executor files. If there is no will, a family member or other interested person asks the court to appoint them as administrator of the estate.
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What Happens During Probate?Once probate is opened, the named executor or an administrator chosen by the court must carry out specific duties. They must follow legal standards in each of these actions or face potential penalties. The executor or administrator must:
- Identify and notify heirs and beneficiaries
- Inventory and value estate assets
- Pay valid debts, taxes, and expenses
- Resolve claims against the estate
- Distribute remaining assets according to the will or Georgia intestacy law
- File required reports with the court
If everyone agrees with the administration’s actions and the decision made by the court, probate can be fairly straightforward. If disputes arise, it can turn into a legal conflict, and our probate litigation attorneys in Marietta can help.
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When Do You Need a Probate Litigation Lawyer?
Our probate litigation lawyers step in when the estate becomes contested, and legal rights are at stake. In other words, we begin helping when probate is no longer just administrative and starts looking like a legal fight. This can include things like:
- Will and trust contests
- Accusations of executor or administrator misconduct
- Fiduciary duty claims
- Disputes between heirs or beneficiaries
- Creditor claim resolution
- Guardianship disputes
- Allegations of hiding or stealing estate assets
Probate litigation is civil law, not criminal law. The goal is to resolve conflicts, not to punish crimes. That said, criminal issues can sometimes overlap, but they are treated as separate matters:
What Does a Probate Litigation Lawyer Do?
Our probate litigation lawyers represent clients in contested estate matters. Where you are defending yourself against unfair accusations, or you believe someone else has engaged in inappropriate or illegal actions, we will stand up for you.
While every case is unique, some of the things our Marietta probate litigation lawyers can do to help with your civil case include:
- Evaluate whether a will or estate claim is legally valid
- File a civil lawsuit or defend against will contests
- Gather evidence to support your position or prove your claim
- Depose witnesses and work with expert witnesses
- Handle hearings in Cobb County Probate Court
- Negotiate settlements between disputing parties
- Petition the court to remove or replace an executor or administrator
- Protect your inheritance or fiduciary rights
What’s the Difference Between Probate Administration and Probate Litigation?
Probate administration and probate litigation are sometimes confused. While our legal firm handles both, there are clear distinctions in our attorneys’ duties in each situation.
Probate administration is typically non-adversarial. This is the routine process of settling an estate. It focuses on managing and closing the estate, handling paperwork, deadlines, and legal requirements.
Probate litigation occurs when disputes arise during probate. It is adversarial and focuses on resolving conflicts through the court. It includes lawsuits, disputes, claims of misconduct by executors, or disagreements over who owns estate assets.
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The probate process is a lot to handle when you are already trying to come to grips with the loss of a loved one. All wills must go through probate in Georgia, though some legal tools, such as our Absolute Protection Trust™, can let assets pass directly to heirs.
Sometimes, family members or other parties challenge actions taken by the executor of the will or the probate court. Or, you may believe you have been treated unjustly. Our probate litigation attorneys in Marietta can help you protect your rights and your loved one’s legacy.
Nelson Elder Care Law has advocated for Georgia families for more than a decade. We put our clients first, and we get stuff done right. Contact us today and set up your Free Consultation to talk about your probate litigation issues.