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.
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.
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.
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.
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.
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.
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.
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.
