Estate administration can be surprisingly complex. Each step—from filing the initial petition to settling debts and distributing assets—requires careful attention to detail. Missing a deadline or overlooking an obligation can lead to delays and disputes, making it essential to understand the process fully. Knowing each step not only ensures everything is handled correctly but also provides peace of mind during a difficult time. With the right guidance, families can navigate these complexities and honor their loved one’s wishes without added stress.

What is Estate Administration?

Estate administration is the court process for transferring someone’s assets to their heirs or beneficiaries after they have passed away. To start the estate administration process, one must file a petition with the probate court.

Understanding the Estate Administration Process

In Georgia Probate Courts, there are many different types of petitions to choose from when filing to open a probate estate. Once you have determined the appropriate petition to file, an executor or administrator (also known as a Personal Representative) must be appointed by the probate court judge. The probate court will issue Letters Testamentary or Letters of Administration, depending on whether there is a will.

Steps to Start the Estate Administration in Georgia

Once Letters Testamentary or Letters of Administration have been signed by the judge, the estate administration process can officially begin. The Personal Representative must:

• Notify heirs of the estate being opened
• Locate and “marshal” all estate assets
• Obtain appraisals and prepare an inventory
• File annual returns
• Post publication to notify creditors
• Confirm and pay debts from the estate
• File any required tax returns
• Pay estate taxes (if applicable)
• Distribute assets to heirs or beneficiaries
• File a petition for discharge to close the estate

Roles and Responsibilities of the Executor or Administrator

Each probate estate is unique and requires specific attention to its individual issues. Often, the executor or administrator has never handled probate before, leading to potential complications. Statutory deadlines must be met, and managing family expectations is crucial for a smooth process. If not handled correctly, Executors or Administrators may face personal liability.

Why You Need a Probate Attorney in Woodstock, GA

Having an experienced Atlanta probate attorney by your side during the estate administration process can be invaluable. Our knowledgeable team can help avoid common pitfalls and ensure compliance with Georgia probate laws, protecting you from personal liability. We pride ourselves on offering personalized legal services to help you through each step of the estate administration. Having a trusted ally can simplify the probate process, making it easier, faster, and less stressful for you and your family. If you are in need of guidance and support with a Georgia probate estate, don’t hesitate to reach out. Call us today at (770) 285-8229 to set up your free consultation with one of our experienced Georgia probate attorneys.

With the enormous amount of information at everyone’s fingertips on the internet, we often turn to a DIY mentality in many aspects of our lives. I will be the first one to admit that I self-diagnose myself after a quick search on the internet anytime I get the sniffles. However, this mentality can result in undesirable consequences when it comes to your estate plan.

The Dangers of DIY Wills in Georgia

We have seen a trend in our Georgia estate planning law firm where our clients come to us with their DIY Wills from the internet that “just need some updating.” As we go through the Wills with our clients, their general reaction is usually shock when it is explained to them how their estate would have been handled under their current Last Will and Testament. About 99% of the time, when a client comes to us with their internet Will, we end up having to draft a completely new one due to the original Will being done so incorrectly that it couldn’t be saved with a codicil (a will amendment).

Accidental Disinheritance: A Common Risk with DIY Wills

One of the most dangerous consequences of making your own Last Will and Testament is when a loved one gets disinherited by accident. We had a client who accidentally disinherited one of their children due to some improper terminology used in their Will that was created by an online service. You could imagine how that accidentally disinherited child might feel when they learn after their parents’ passing that they were “written out” of the Will. To add insult to injury, the child would have no idea the disinheritance was an accident.

Does Your DIY Will Comply with Georgia Law?

Another dangerous consequence of writing your own Will is that they often do not comply with all the state laws. I see it all the time when clients use an online automated service that leaves out important language required by the State of Georgia for a valid Last Will and Testament. Sometimes this could make the Will completely invalid (meaning it’s now kindling for your fireplace). Other times, it can still be considered valid, but it leaves out language that results in your beneficiaries having to go through extra effort to probate the Will when filing with a Georgia probate court. If you have gone through the effort to get an internet Will, chances are you want to make the process easier for your loved ones, not more difficult.

Why Consult a Woodstock Estate Planning Attorney?

Your Will is often the last opportunity to express your final wishes, and those wishes are often carried out long after you are gone, leaving them as permanent decisions with no answers to questions about ambiguities. So, when deciding how to make your estate plan, remember it’s not what you do know that hurts you—it’s what you (and the internet) don’t know that hurts you.

Already Made a DIY Will? We Can Help

If you find yourself in a situation where you have already made your own Will ( but want to make sure that it satisfies Georgia law) or are considering making a legal Will with the help of a local attorney in Woodstock, GA, give us a call today. We will set up a free estate plan review session with one of our Woodstock estate planning attorneys to discuss your options and ensure your family is protected, and no one gets accidentally disinherited. Call our office at 770-285-8229 to speak with one of our Georgia estate planning attorneys today.

You might have heard the term probate before, but you may not fully understand what probate really means when it comes time to actually probating a deceased person’s estate. Probate is the court process of paying debts and transferring assets of an individual after their passing. If someone passes away with any assets titled in their name, they will most likely need to have a probate estate opened to legally transfer those assets to their heirs or beneficiaries. Even someone who has a Last Will and Testament must have their assets processed through the Probate Court.

So why do you need to avoid this process? The answer is simple: time, money, and privacy.

How Long Does Probate Take in Georgia?

The probate process can take anywhere from 6 months up to 2 years, depending on the situation. In a Georgia probate estate, the absolute fastest time frame an estate can be probated is 6 months. This is due to statutory required notices and time frames that must be followed. On average in a Georgia estate, the typical length of the probate process is 12 to 18 months. This leaves grieving family members having to deal with complex legal issues during one of the most difficult times in their lives for much longer than they would prefer.

Probate Can Delay Access to Funds for Heirs

Another issue is that you may not have access to the money in the estate right away. Depending on the Court, it can take 3-8 weeks to get approval once the petition to open the estate has been filed. Family members are often left having to cover funeral expenses and mortgage payments out of their own pockets. These expenses can be reimbursed from the estate, but oftentimes, family members cannot afford to pay their own expenses and those of the deceased while they are waiting for the Court to give them approval to gain access to the estate funds. Homes can be foreclosed on during this time period, which would leave family members with few options to save the property that might have equity in it.

The Costs of Probate in Georgia

The probate process is expensive for many reasons. The first being the Court may require a bond to be posted before the estate can be opened. Bond premiums can cost anywhere from $100.00 up to $3,000.00 per year, depending on the size of the estate. There are probate court filing fees associated with the multiple petitions that would need to be filed throughout the probate process. The administrator or executor of the estate is entitled to receive compensation from the estate for their services of administering the estate. In Georgia probate estates, the executor’s compensation usually works out to be about 5% of the total cash assets that are in the estate. There are exceptions to this general calculation, but a rough estimate for the fees would be about 5% of the total estate value.

Avoiding Probate Can Save Money

Another expense would be legal fees paid to an attorney who assists the executor or administrator. Oftentimes, the process becomes overwhelming and confusing to the executor or administrator of the estate, and they decide to hire a probate attorney to assist them in navigating through the process. This cost on average could be anywhere from $2,000.00 up to $30,000.00 depending on the size of the estate and level of assistance provided by the attorney.

Another financial benefit of avoiding probate is the ability to avoid paying creditors of the deceased. With certain types of living trusts, you may be able to avoid paying certain debts of the estate. Any outstanding debts owed by the deceased are to be paid from their estate. This means all the debts of the estate must be paid before any distributions to the heirs or beneficiaries. Depending on the situation, this can leave the heirs and beneficiaries of the estate with no inheritance or very little.

Protect Your Privacy by Avoiding Probate

If your estate is probated, it becomes public record. This means that anyone can request a copy of your will, all petitions filed, and if required, an inventory and return that shows all of your assets and where those funds went. This is especially important if you own a business. Usually, a small business will have to be transferred through probate court. Most business owners do not want the financial inner workings of their business displayed in public records for many reasons. It is important to keep private business private, even after someone’s passing.

How to Avoid Probate in Georgia

You may be asking yourself right about now, “How do I avoid probate?” To find out more information about the options available to you, contact our office at 770-285-8229 to speak with one of our experienced Georgia Estate Planning Attorneys.

Contact an Experienced Probate Attorney in Woodstock, GA for Guidance