What Are the Steps in the Probate Process?
Losing a loved one is never easy, and dealing with their estate can add to the stress. Probate is the legal process of settling a person’s assets and debts after they pass away. While it might feel overwhelming, understanding the steps involved can make it easier to approach with confidence.
Starting the Process
The probate process begins with filing a petition at the probate court to open an estate and have someone appointed over it as an executor (if there is a will) or as an administrator (if no will). This officially opens the estate and requires key documents, such as the death certificate and, if applicable, the will to be filed along with the petition. Having these documents ready can help the process move more smoothly and avoid unnecessary delays.
During this initial process, the legal heirs of the decedent are notified as to the filing of the petition, and then given an opportunity to consent to the granting of the petition or to file an objection and pursue a legal challenge in the probate court. Even if the decedent had a will, the lawful heirs must be notified regardless of whether they are beneficiaries under the will.?
Validating the Will or Applying Intestacy Laws
If the deceased left a will, the court reviews it to confirm its validity. In cases where no will exists, Georgia’s intestacy laws determine how the estate will be divided among family members. These laws aim to ensure that the deceased’s assets are distributed to the rightful heirs as determined by the law.?
Managing the Estate
An executor or administrator is appointed to handle important tasks, including:
This ensures everything is properly managed before the estate is distributed to the beneficiaries.
Distributing Assets and Closing the Estate
Once debts are paid, the remaining assets are distributed according to the will or Georgia law if there is no will. The final step may involve submitting a detailed report to the court. After approval, the estate is officially closed, ending the legal process.
Tips for a Smoother Probate Experience
You can take steps now to simplify the probate process for your loved ones:
Preparation can provide peace of mind for you and your family.
Of course, steps can also be taken to avoid this probate process so that your estate can be settled more efficiently, privately, and outside of probate. Remember that if you are using a will to transfer assets to another after your death, that will goes through probate. We often hear people claim, mistakenly, that wills avoid probate.? They don’t with respect to assets being distributed via the will (except for possibly motor vehicles that sometimes can be transferred in another way with the county tag office).??
How Peach State? Wills & Trusts Can Guide You Through Probate
At Peach State Wills & Trusts, we understand how overwhelming probate can feel during a time of loss. Our team is here to simplify the process, helping with everything from filing the initial paperwork to managing the estate and finalizing the necessary steps. We provide clear guidance and dedicated support so you can move forward with confidence.
If you have questions about any part of the probate process, or have questions about estate planning, including ways to possibly avoid probate, we’re ready to assist. Download our free guide here—no strings attached—and get straightforward information to help you through each step.
For personalized assistance, call us at 678-344-5342 or visit Peach State Wills & Trusts. We’re here to help you every step of the way.