Understanding Georgia Probate Law
The probate process begins after someone passes away. It regulates the distribution of the decedent’s possessions to their inheritors and the repayment of any debts or taxes their estate owes.
Probate can be an extensive and confusing, sometimes lasting months. Some cases can take even longer, depending on the circumstances. To close an estate, all debts must be paid, all assets transferred, and the proper documentation must be given to the court.
Why Hire a Probate Lawyer?
A probate lawyer’s job and involvement will vary from case to case, but in essence, they are there to keep probate moving smoothly and fairly. Those who leave a last will and testament may not have used clear language, opening the door for others to contest the will.
There could be more claims against the will, some involving fraud, improper influence, or poor execution. There could be conflicting versions of the will. You don’t need to go through this complicated process alone.
Attorney Dylan Wilbanks is prepared to help you. He can investigate claims, help evaluate the estate’s assets and value, and execute wills. Dylan’s extensive knowledge of Georgia’s real estate and probate laws allows him to assist you and your family. He knows that probate is a process, but it doesn’t need to be an ordeal.
The Probate Process in Northeast Georgia
Once a loved one has passed away, you can begin the probate process. First, someone will need to file the decedent’s will with the probate court of their county. For instance, you would file a Commerce resident’s will at the Jackson County Probate Court.
Appointing a Personal Representative
Known as an executor, estate administrator, or personal representative, this is the person designated to care for someone’s estate after they pass. A personal representative is typically named in a will, but if there isn’t a will, the probate court will appoint an estate administrator.
What are the Personal Representative’s Responsibilities?
Once a representative has been appointed to oversee an estate, they must act in the estate’s best interests. They’ll be responsible for:
- Protecting any assets that come through the estate.
- Paying the debts of the estate, including its taxes.
- Creating reports for the probate court.
The personal representative will answer to the court, the heirs of the estate, and any creditors.
Processing the Estate’s Assets
Once appointed, the representative will collect the estate’s assets so they can inventory these assets and assess their values. The representative will be responsible for their safekeeping or sale, if necessary. The court may require the representative to submit a report about the estate’s assets and their estimated value.
Valid assets include:
- Bank accounts solely owned by the decedent.
- Life insurance policies without a beneficiary designated.
- Vehicles, like cars, recreational vehicles, or motorcycles.
- Retirement funds without a designated beneficiary (IRAs, 401(k), or mutual funds).
- Real estate solely owned by the decedent.
Dealing with the Estate’s Debts
While the personal representative is processing the estate, they must also begin assessing the estate’s debts and outstanding tax obligations. The representative will have 60 days to publish a notice about the probate proceedings in a local newspaper. This informs creditors that they have three months to present a formal claim against the estate.
The representative must also file the decedent’s final state and federal income tax returns. These are due by next April 15 after the decedent’s passing. If someone passed away in 2024, for instance, their personal representative would need to pay taxes by April 15, 2025. Some estates are large enough that they must pay an estate tax, but they account for less than one percent under the current tax structure.
Distributing Assets & Closing the Estate
After the taxes and debts have been satisfied, the representative can begin distributing the remaining assets to inheritors. They will follow the decedent’s instructions left in their will. If there was no will, the representative will follow the state’s laws on inheritance. Under Georgia’s laws, the decedent’s closest relatives will inherit their assets.
The representative will create a record of who receives what property, and how they satisfied any debts or taxes paid. Once all assets are distributed, the representative can file a petition for discharge, formally requesting to be released from their duties. If their request is granted, the estate will be closed.
