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Opening an Estate in Woodstock

When a person passes away, there are several requirements that must be met before their property and assets can be distributed. The first step is to file the proper notices and petitions to open the Estate. Without a legal background, this can be a complicated task.

If you are opening an Estate in Woodstock, the legal team at Nelson Elder Care Law can help. Our experienced attorneys are very familiar with these legal proceedings and will guide you through this difficult process.

How Does Estate Size Impact the Administration Requirements?

The State of Georgia does not have a small Estate Probate Process. If the assets include a home or a bank account over $10,000, there is a simplified Probate process. If the size of an Estate is under a certain limit, it does not have to go through the full administration process.

Estates larger than $100,000 or $200,000 tend to be more complex. If there are many heirs, it may also be more complicated to open and administer the Estate. Regardless of how complex a particular case is, working with one of our seasoned attorneys can make the process a lot simpler.

Who is Allowed to Petition to Open an Estate?

Generally, a Will designates a person who may file a petition with the Probate court to open the Estate. This person is known as the executor or personal representative. However, if there is no Will in place or it cannot be found, a relative or friend can be appointed by the court to serve in this role.

Regardless of whether there is a Will or not, you must file a petition in Probate court to open an Estate. This process is often overwhelming, as the clerks are legally unable to give you any advice. A knowledgeable attorney at our firm will walk you through opening an Estate in Woodstock and ensure that you understand all the requirements.

Filing to Open an Estate in Woodstock

When filing a petition to open an Estate, you will need the names, addresses, and contact information of any blood relatives, as well as anybody that is named in the deceased’s Will. After filing, there are particular notices that you must send out to anyone who may be interested in the Estate. These initial steps are highly important, so it is advised that you speak with our experienced attorneys in the area to ensure all requirements are met.

Notice of an Appointment

The Notice of Appointment is sent to other potential heirs. This lets them know that you have petitioned to be the executor and that the Estate has been opened.

Notice to Creditors

Even if a Will states that everything will be left to a specific person, creditors must be paid first. As the executor, you must file a Notice to Creditors in the local newspaper. Yes, the newspaper! This notice will run for 4 consecutive weeks so that creditors can contact you about any claim they may have. The creditors have 120 days to file a claim against the estate. This is known as the Creditors and Debtors Ad Period.  Our local attorneys can help you properly notify creditors in the process of opening of an Estate.

Notice to Unknown Heirs

In some cases, you may not be aware of all the potential heirs of an Estate. For instance, the deceased person could have children from previous relationships or other people that you are not in contact with. It is important to put out a notice to give everyone the opportunity to come forward, even if they are not listed in the Will. A well-practiced lawyer at our firm can advise you on how to create a notice for unknown heirs of an Estate.

Consult an Attorney on our team about Opening an Estate

The process of opening an Estate in Woodstock can be overwhelming, especially for a grieving family. At Nelson Elder Care Law, our compassionate attorneys can handle the legal side of things and ensure that you meet all the requirements. From the initial petition through the complex Probate process, our lawyers can provide skilled guidance and answer any questions you may have. Call us today to learn how we can help.

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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!

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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.

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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!

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