The Probate Process - Managing the Family Estate

Dealing with the loss of a loved one is never easy. It's a difficult time in anyone's life, and when you add the process of managing their estate - it can feel like an impossible task.

However, the probate process does not have to cause more stress in an already emotional time. Perrie & Associates is a full service law firm that can help families with the process, and we've broken it down in just a few simple steps.

First of all, what does probate mean? 

Probate is the term for the legal process through which assets are distributed. It essentially means that a Judge gives legal permission for a person's estate to be passed along. 

Once the necessary information is gathered to prepare a Petition and the Petition is prepared and  filed, the process takes from 60 to 120 days, depending on how complex the situation is and how many Petitions are already in the Clerk’s office awaiting processing.

The Probate Process 

1. Petition for Probate is Filed. Upon a person's death, a petition to probate is filed in the probate court in the county where the person lived. This petition is filed to either appoint the executor of the Will if one is present, or to appoint an Administrator of the estate if there is no Will. An Executor, sometimes called a personal representative, has the legal ability to gather and value all assets of the estate, pay bills and taxes, sell property, and distribute the assets of the estate to beneficiaries. An Executor is typically named or appointed by the maker of the Will, and listed directly in the Will itself.  If there is no Will, an interested party will file a Petition to be appointed Administrator, and will be approved and appointed by the Court. All heirs and beneficiaries will be notified that a petition has been made, either by the Petitioner or by the Court.
   
   
2. Publication for Service/Notice. When a petition is filed with the court, notice of the petition will also be published in the newspaper where the deceased person lived or where real property was held. This is to make certain any and all heirs at law are notified to allow them to respond to the Petition to Probate as to their involvement and make a claim within a certain number of days (this number of days varies by state). This publication must run for four (4) consecutive weeks in the “Legal Organ” – that is the official newspaper for the county in which the probate is filed.
   
   
3. The Oath of office must then be taken at the Clerk’s Office by the Executor, Administrator or Personal Representative, after which the Court will issue Letters Testamentary (where Wills are involved) or Letters of Administration in instances where there was no Will.
   
4. Notify Creditors and Take Inventory. Once an Executor or Administrator has been appointed by the court and Letters Testamentary or of Administration have been issued, written notice to Debtors and Creditors is published. Debtors (people owing the estate money) and creditors (those owed money by the estate) will then have a specified time - again determined by state law - to make a claim against the estate. An inventory of the estate's value including property, bonds, business interests, and other assets is also prepared at this time by the Executor, Administrator or Personal Representative.
   
   
5. Typically, Estate Tax ID Number is obtained from the IRS and an Estate Checking Account is set up at this time; however that varies depending on the situation and circumstances.
   
6. Estate Expenses are Paid. These may include the final expenses of the decedent’s last illness, nursing home or hospice care, and disposition of remains (funeral or memorial services) as well as any claims from creditors that have been determined to legitimate. The executor will pay the taxes and other debts from the estate. In some cases, assets of the estate can be sold to pay for these expenses, and funeral expenses are also typically paid for using money from the estate.
   
   
7. The Estate is Closed and Ownership is Transferred. After bills have been paid and the required time for collectors has passed, the executor of the estate will distribute the remaining assets of the estate as they are laid out in the will. If there is no will, distribution of these assets will be made to the heirs at law determined by the laws of Georgia. Any trusts that were required in the will are created at this time, and the ownership of any property or other assets is legally transferred to the beneficiaries at this time. A petition to discharge will be filed with the probate court, and the court will rule the estate may be closed.
   
   

The probate process does not need to be stressful, and it does help to have an expert by your side to navigate the legal process. At Perrie & Associates, we offer full legal services to help you through the probate process and help you manage your loved one's estate. 

If you aren't dealing with the probate process now, think ahead and call us to draft a Will, Georgia Advance Directive for Healthcare (formerly called a Living Will) and Durable Power of Attorney to help your family in the future. Our associates are here to help you with everything from preparation of these basic documents to insure your family is taken care of should something happen to you, to helping you navigate the probate and estates process.  Let us make a difficult time easier for you and your family.