PROBATE AND PROBATE LITIGATION

Where is probate handled?

In Georgia, Probate occurs in the Probate Court of the County where the deceased permanently resided in Georgia at the time of his or her death.  Or, if the decedent was a non-resident of Georgia who owned property in Georgia, probate occurs in the Probate Court of the County where the decedent’s property was located. 

Why is probate necessary?

The primary function of probate is transferring title of the decedent’s property to his or her heirs and/or beneficiaries. If there is no property to transfer, there is usually no need for probate.

Another function of probate is to provide for the collection of any taxes due by reason of the deceased's death or on the transfer of his or her property.

The probate process also provides a mechanism for payment of outstanding debts and taxes of the estate, for setting a deadline for creditors to file claims (thus foreclosing any old or unpaid creditors from haunting heirs or beneficiaries) and for the distribution of the remainder of the estate's property to ones' rightful heirs.

Does all a person’s property have to go through probate?

No.  In certain situations probate is a must in order to transfer legal title of property from the deceased’s name to his or her beneficiaries or heirs.

• Wills
• Trusts
• Durable Power of Attorney
• Advance Directives
• Probate Administration
• Probate Litigation

HOW DO I GET STARTED?

Call our office at 770-609-1247 and make an appointment for a CONSULTATION with one of our attorneys.  Of course, if you have any questions in the meantime, please do not hesitate to call.

We hope you find this information helpful.  Please contact our office if you have any questions.