Coleman Legal Group, LLC
Georgia probate courts have jurisdiction in cases involving the wills of deceased individuals. They can validate wills and enforce their provisions as well as divide up a deceased individual’s assets if there is no will (also called “intestacy”). Because of their relationship with wills, probate courts also carry out conservatorships and guardianships. Somewhat uniquely, a Georgia probate court can also give out marriage and firearm licenses.
To begin the process of probating a will in GA, you will need to complete the “Petition to Probate the Will in Common Form.” If there is no will, you will need a “Petition for Letters of Administration.”
Procedures Available for Decedent’s Estates When There is a Will:
• Solemn Form Probate: Requires notice to all heirs; binding upon entry of final order; objections/contentions due by certain date
• Common Form Probate: May be done without notice to heirs but does not become binding for four (4) years after the appointment of the Executor; heirs and others may file objections during this time
• Probate of Will in Solemn Form / Letters of Administration with Will Annexed: Executor named is unable or unwilling to serve; Administrator C.T.A. (with will annexed) must be appointed
• Will Filed Not For Probate: If there is no property to pass under the will, probate is not necessary
When there is no Will:
• Permanent Administration: Requires notice to all heirs; surviving spouse or sole heir entitled to serve as Administrator, otherwise (or if disqualified), person selected by a majority of heirs is entitled to serve. Administrator posts bond and files all inventory, unless ALL heirs consent to waiver of those documents.
• Temporary Administration: Notice to heirs not required but they may select administrator. No expenditures or disbursements made without court order.
• No Administration Necessary: If all debts have been paid, there is no need for formal administration and all heirs have agreed on division, the proceeding may be filed.
• Administrator: Person who administers estate when there is no Will.
• Administrator with Will Annexed: If the Will fails to name an Executor or the named Executor cannot or will not serve, then this is the person who will administer the estate.
• Decedent: The deceased.
• Executor: The person who administers the estate when there is a Will.
• Heirs: Those persons who would inherit the estate of the decedent if there was no Will by the rules of descent and distribution. An heir is not always a beneficiary, although that can be the case.
• Intestate: With no Will.
• Letters of Testamentary / Administration: Official documents issued by the probate court evidencing authority of Executor/Administration.
• Personal Representative: Can refer to an administrator, executor, guardian or trustee but not to a temporary administrator.
• Probate: Legal process of administering a decedent’s estate.
• Probate Court: The court having jurisdiction over proceedings to administer the estate of the decedent.
• Testator: A person who has made a Will.
• Will: A document, signed with the formalities required by Georgia law, by which a person makes disposition of his property, to take effect after his death.
Georgia Areas We Serve
Our Georgia divorce lawyers handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainesville, Midtown, Norcross, Lawrenceville, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia divorce attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s attorneys practice in the areas of Divorce, Family Law, Immigration, Bankruptcy and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
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