The Probate process in Woodstock describes the steps that the court will take to ensure the fair and accurate administration of your loved one’s Estate. The purpose of Probate is to authenticate Wills, assign executor duties, and administer an Estate. Our skilled attorneys at Nelson Elder Care Law can provide more information about the Probate process in Woodstock and work with you to better exercise your rights under the law.
The court will never begin the Probate process on its own. Instead, parties who have possession of your loved one’s Will or obtain their death certificate must file this information with the local Probate court. According to the Official Code of Georgia Annotated § 53-5-1, the proper Probate court branch is the one in the county where your loved one was living at the time of their death.
Probate begins when the proper party files a Will with the court. According to O.C.G.A. § 53-5-2, the nominated executor in your loved one’s Will has the first opportunity to do so. If for any reason this party fails to submit a Will to the court, any interested party has the opportunity to do so. Our lawyers in Woodstock can help you better understand how the Probate process begins.
The main purpose of Probate is to ensure that your loved one’s wishes become a reality. Of course, the first step in this process is authenticating their Will. As long as a Will is in writing and contains the testator’s signature as well as those of two witnesses, the law presumes that it is valid. However, parties may argue that a Will is the product of duress or fraud.
Once a court accepts a Will as being genuine, it will empower an executor to fulfill the terms of the document. Your loved one may nominate an executor in their Will, or a court may appoint an executor on its own volition. That executor must pay off your loved one’s debts and then distribute property as mandated in the Will. Executors must also keep track of their transactions and submit reports to the court.
Once an executor believes that their job is done, they may submit a final report to the court. If the court agrees that the Estate is finalized, it will close Probate. Our attorneys in Woodstock can help both executors and potential heirs to navigate the Probate process.
After the passing of a loved one, the Probate process will begin once an executor or other interested party submits a Will to the proper Probate court. Once this occurs, the court will act to authenticate the Will, confirm an executor, and empower that executor to carry out the terms of the legal document.
If you have any questions about the Probate process in Woodstock, reach out to our team at Nelson Elder Care Law today. We can answer any questions you may have and ensure the Probate process goes smoothly.
