To understand what happens after an estate had been probated in the state of Georgia, you must first understand what probate is. When a person dies in Georgia and owns property subject to probate, i.e., property that is not jointly owned with rights of survivorship or that has a designated beneficiary or that is owned by a trust, the state’s probate process takes over. Probate, then, is the court-supervised process that settles taxes, pays debts, and distributes assets to the deceased person’s legal heirs if the estate is intestate (no Will) or to the beneficiaries if the estate is testate (there is a Will). Probate courts assign someone to act as executor, either the named executor in a Will or a person chosen by the heirs when no Will exists. That person gathers assets and makes payments and disbursements according to the state law or the Will.
Here’s an example of what the typical probate court timeline looks like:
- Make A Petition To The Probate Court
Once a petition is filed and any questions from the court addressed, the court will appoint an executor. - Gather The Deceased Person’s Assets
The court-appointed executor is tasked with identifying and gathering all the deceased person’s debt obligations and assets. Additionally, the executor is responsible for managing the estate. In other words, the executor must continue to make insurance and other recurring payments and manage real estate and financial investments. - Satisfy Outstanding Credit & Debt Obligations
If the decedent left debts, including mortgage or car payments, the executor must follow the court’s process for notifying creditors of the death of their debtor. They must also continue to pay those debts throughout the probate process. - Distribute Assets After Debts Have Been Paid
After all debts are settled and paid, the remaining assets are distributed among the deceased person’s heirs. When someone dies without a will, their property and assets are distributed according to the law of ‘intestate succession’ as determined by the state. - Close The Decedent’s Estate
After the above steps have been completed and the court has approved the actions of the executor, the probate process is complete and the executor can close the estate.
Probate is a time-consuming process. If you find yourself in probate, be sure the executor, family and potential heirs have reasonable expectations of what to expect and the associated timeline. The probate process can take longer than a year to complete. Having a will that names an executor and clearly outlines the wishes of the decedent makes the process significantly faster and smoother. However, having a complete, effective estate plan may allow the probate process to be avoided, altogether.
The estate planning professionals at the Grissom Law, LLC can help you avoid the hassle and headache of probate court by ensuring an estate plan is in place that fully complies with state laws. Contact us today to get expert guidance from a team of advocates. We’ll help you – not the state of Georgia – decide what to do with the property and assets you’ve worked so hard to accumulate.
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This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.