Probate in Georgia generally takes at least a year from opening the estate to closing the estate. Some assets must go through the entire probate process, and some can be dispersed immediately. The probate process can become daunting, so it is always best to retain a probate attorney to help you through the process.
Why Does It Take So Long?
If you know all of the heirs of the deceased and are able to get acknowledgements from all of them when you file the opening petition without any objections, probate can go rather quickly. However, every time someone files a motion, objects, cannot be located, or doesn’t respond, or if the court asks for additional information; it adds time to the process. The length of time it takes to locate and submit asset information also adds to the time. If someone disagrees with the probate, the whole process shuts down until the court holds a hearing.
Steps in Filing Probate
Each step is a hurdle that you have to jump through. If no one objects and you are able to get all of the documents needed rather quickly, the process can take as little as a year. The following is a broad overview of the steps in the probate processes:
- Find all heirs of the deceased and submit the will and petition to the probate court to open the case.
- The court appoints an Executor. If a person is named in the will, the court will usually appoint that person.
- The Executor then locates, identifies, and takes possession of all of the deceased’s assets except for those that are non-probate assets.
- The Executor publishes a notice in the local paper to notify creditors. After publication the Executor should pay the creditors in the correct order.
- If the Executor has to sell estate property to pay the estate’s bills, this could add time. Sometimes, it’s easier to divide cash rather than property, so the Executor could decide to sell property, then divide the cash.
- The Executor may need to file tax returns for the estate, or file the last tax return for the deceased.
- The Executor may need to file reports and returns with the probate court.
- After the Executor pays all creditors, any remaining assets in the estate should be distributed.
- The Executor can then file any final report and petition the court to close the estate. If no one objects, and if all creditors have been paid, the court will close the estate.
If you recently lost a loved one, contact us at Grissom Law at 678.781.9230 to schedule an appointment so that we can help you through the probate process.
Disclaimer
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.