Northeast Georgia Probate And Estate Law Attorneys

Probate and estate laws in Georgia are the set of laws that dictate what happens with assets and debts after a person dies. The probate court guides people through these challenges, but it is far from simple or direct. Entering probate without the help of an attorney can put you in a bad spot.

At Hotard & Hise, our lawyers have more than 50 years of combined experience with probate problems facing our clients across northeast Georgia. We understand how stressful and confusing probate can be for you. We think of each client as a neighbor with hard problems, and we’re here to give you the information necessary to make the right moves for yourself.

What To Know About Probate In Georgia

Under Georgia law, there are two paths for what will happen to a person’s estate after they pass away, and that depends on whether or not they had a will. In either scenario, the executor’s responsibilities to the estate are extensive:

• Filing the will and petition
• Inventorying assets
• Paying debts/taxes
• Distributing assets

If the estate has a will, then often the executor is appointed in the document; if there is no will, then the probate court will unilaterally appoint an individual to take this role.

When Is Probate Required In Georgia?

Georgia law requires probate when someone dies owning property solely in their name. This includes real estate, bank accounts, vehicles and personal belongings without designated beneficiaries. You must go through probate to transfer these assets legally to heirs or beneficiaries. Estates with debts also typically require probate so creditors can make claims against the estate. The probate court oversees this process to ensure proper distribution and debt payment.

When Can You Avoid Probate?

You can avoid probate in Georgia when assets transfer automatically outside of probate court. Joint ownership with the right of survivorship lets property pass directly to the surviving owner. Beneficiary designations on life insurance policies, retirement accounts and payable-on-death bank accounts also bypass probate. Living trusts allow you to transfer property without court involvement. Small estates valued under certain thresholds may qualify for simplified procedures that skip full probate. Our attorneys help families determine which assets require probate and which do not.

Common Probate Issues We Handle

Probate rarely goes perfectly smooth. Our lawyers handle the disputes and complications that arise during estate administration throughout northeast Georgia, including:

• Will contests: Will contests happen when someone challenges whether a will is valid. Family members may claim the deceased lacked the mental ability to understand what they were signing. Others argue someone pressured or manipulated the deceased into changing the will. Some contests focus on whether the will meets Georgia’s technical requirements for signatures and witnesses. We represent both the people challenging wills and those defending them in court.
• Heir disputes: Heir disputes start when family members disagree about who should get what from the estate. One sibling may believe they deserve more than another. Blended families often clash over how to divide property between biological children and stepchildren. Estranged relatives may resurface, claiming their share. Unclear language in the will can leave everyone confused about the deceased’s true intentions. We work to settle these family disagreements through negotiation first, but we take cases to court when families cannot reach agreement on their own.
• Creditor problems: Creditor problems happen when the estate owes more money than it has in assets. Sometimes creditors file claims that are not legitimate or demand more than they are actually owed. Executors who handle these claims incorrectly can end up personally responsible for the debts. We guide executors through the proper process for reviewing creditor claims, paying valid debts in the right order and challenging claims that should not be paid.
• Real estate issues: Real estate adds another layer of complexity to probate. The property needs a current appraisal to determine its value. Title work must confirm clear ownership before any transfer can happen. Some estates need to sell the property and divide the proceeds among heirs. Other times, multiple heirs want to keep the property, which requires partition actions to divide it fairly. We handle the closings, legal filings and disputes that come with transferring real estate through probate.

Whatever probate challenge you face, we bring decades of experience to protect your interests and find the right solutions for your situation.

What We Do For Our Clients

We advise executors and family members with probate problems on the full array of options and concerns they have. This can include helping an executor and the heirs of the estate choose between the solemn or common form of probate, which can vastly change the filing period for will contests a probate litigation. We can help settle creditors issues and real estate closings required to settle the estate.

With our attorneys’ extensive experience in litigation, we can help our clients find resolutions for any problem that comes up.

Georgia-Specific Probate Laws

Georgia has unique probate rules. Understanding these laws helps you handle your case more easily.

Year’s support protects surviving spouses and minor children. The probate court can set aside property to support the family for one year, no matter what the will says or how much debt exists. This support comes before creditor claims. Eligible family members must apply within two years of death. We help families determine if they qualify and file the paperwork.

Intestate succession governs estates without wills. Georgia law sets a specific order for who inherits. Spouses and children inherit first, then parents, siblings and more distant relatives. The exact shares depend on which family members survive. We guide families through this process to ensure proper distribution.

Ready To Get To Work

It is normal and natural to feel intimidated and frustrated in probate. Our work is about putting you at ease as we problem solve and pursue the best options for you. But we are on your side, never forget that. Call our firm today at 706-925-0797 or send an email using this form.