Atlanta, GA Probate Lawyer

If you live in the Atlanta, Georgia area and have recently lost a loved one, know that the Atlanta probate lawyers and staff at Fouts Law Group are here for you. Please accept our sincerest condolences, as we know how difficult such a profound loss can be. You are likely dealing with many emotions and have several aspects of your loved one’s life to sort out, especially if your deceased family member didn’t prepare an estate plan before their passing. Unfortunately, if this is the case, all of their assets, including any real estate they owned, their vehicles, and their bank accounts, may need to go through a formal legal process known as probate. Until probate is completed, you and the other rightful beneficiaries won’t be able to assume possession of your loved one’s property.  

Georgia probate can be extremely complex and time-consuming, and making mistakes can lead to additional expenses or even lawsuits. When you’re grieving, navigating all of the paperwork associated with probate is the last thing you want to be doing, which is where enlisting the assistance of our compassionate probate attorney comes in. No matter how “messy” your deceased loved one’s estate is, our firm can work with you to help you understand your next steps and your legal responsibilities. We know the road ahead, will walk with you every step of the way to the quickest, most efficient resolution possible.

The Georgia Probate Process

Our experienced Atlanta probate lawyer can help you at every stage of probate and even handle most or all of your duties for you so you can focus on moving forward! Usually, probate in Georgia involves taking the following actions:

1. File the will with the probate court. After your loved ones death, find their will and file it with the probate court in their county of residence.  

1. Petition the court to start the probate process. The family or executor of the will is required to file a petition and pay the applicable court fees to start the probate process. Depending on the circumstances of the will, the executor or their attorney will need to file various forms. If one has not already been appointed before the decedent died, the court will appoint a personal representative to deal with their assets and debts.  
2. File a formal notice to creditors and beneficiaries.
3. Collect all of the estate’s assets. After the will is filed, the personal representative collects all the property in the estate and then files a report about it with the probate court. 
4. Pay the deceased’s debts. The personal representative then pays all of the deceased’s outstanding debts out of the estate —for example, financial obligations to creditors or outstanding federal or state taxes. 

1. File final tax returns and pay outstanding taxes on the estate, if applicable.
2. Distribute the remaining assets. After all the deceased debts are paid from their estate, the personal representative will give any remaining assets to those named in the will. The personal representative must: 

• Provide evidence that the correct beneficiaries received the assets. 
• File a final report with the court to close the estate. 

How An Atlanta Probate Attorney Can Help

Whether you anticipated the death of your loved one or it came as a complete shock, it can be difficult to grieve while trying to deal with probate and fulfill everything required of you. Working with our knowledgeable Atlanta probate attorney who can explain all of your options, complete legal tasks on your behalf, and prevent costly mistakes helps the process go smoother and potentially be over sooner. Legal representation makes the probate process less stressful, less expensive, and more effective! Attorney Jeff Fouts will: 

• Provide compassionate and personalized legal guidance 
• Explain your legal options in terms you can easily understand
• Answer your questions promptly 
• Identify if your loved one’s estate will need to go through the probate process at all or if the entire thing can be avoided

• File the will with the proper probate court on your behalf 
• File a petition for probate on your behalf 
• Obtain sworn statements from the will’s witnesses if necessary and file them with the court on your behalf 
• Provide written notice to the will’s creditors and beneficiaries  
• Take inventory and appraise your deceased loved one’s assets  

• File an estate tax return and pay taxes if necessary  
• Negotiate and settle debts with creditors and pay them  
• Draft a final accounting  
• Distribute assets to appropriate heirs and beneficiaries  
• And more!

Who We Work With

Our firm can represent both estate executors/personal representatives who are in charge of overseeing the probate process and beneficiaries who stand to inherit. We can defend against creditor claims and resolve family conflict. If you are an heir who believes that the will isn’t accurate, or suspects that the estate executor isn’t acting honestly, we can stand up for your rights. 

Common Form and Solemn Form Probate in Georgia

Georgia is one of the few states that offers two distinct paths through probate, and choosing the wrong one can leave an estate exposed for years. Our Atlanta probate lawyer will help you decide which fits your family situation.

Common form probate is the faster route. It does not require that heirs be given formal notice before the will is admitted, which means an executor can be appointed quickly and the work of settling the estate can begin. The tradeoff is that the order is not final. Any interested party has four years from the date the will is admitted to file a caveat challenging it. If an heir was a minor when the will was probated, their four year window does not begin until they turn 18.

Solemn form probate takes longer at the outset because every heir at law must be formally notified and given at least 30 days to object. The benefit is finality. Once the court admits a will in solemn form, the ruling is binding on everyone who received notice and future challenges are foreclosed.

Families who expect no conflict sometimes choose common form for speed. When there is any history of tension among heirs, a blended family, or an estranged relative, solemn form is usually worth the extra time. We will walk you through the risk in your specific circumstances before anything is filed.

What Happens If Your Loved One Died Without a Will

When someone dies intestate in Georgia, meaning without a valid will, state law decides who inherits. Under Georgia rules of inheritance, property passes in this order:

• If there is a surviving spouse and no children or other descendants, the spouse inherits the entire estate.
• If there are children but no surviving spouse, the children share the estate equally. The descendants of a child who died before the decedent take that child share.
• If there is both a spouse and children, the spouse shares equally with the children, except that the spouse can never receive less than a one third share.
• If there is no spouse and no descendants, the parents of the decedent inherit equally.
• If there is no spouse, no descendants, and no surviving parents, the siblings of the decedent inherit.

The one third floor protecting a surviving spouse matters more than families expect. In a household with four children and no will, the spouse still receives a third rather than a fifth. An administrator appointed by the probate court manages the estate, pays valid debts and taxes, and then distributes what remains according to these rules.

Year’s Support for a Surviving Spouse and Minor Children

Georgia offers a protection that surprises many families and that is easy to lose by waiting. A surviving spouse and the minor children of the decedent may petition the probate court for Year’s Support, an award of property from the estate intended to support them for the 12 months following the death.

Year’s Support carries unusual weight. Georgia courts treat it as an expense of administration that ranks ahead of most creditor claims, which means it can reach assets that would otherwise go toward settling debts. There is no fixed amount and no statutory cap. The court weighs the circumstances of the family and the size of the estate in deciding what to award.

Two limits deserve attention. The petition must be filed within two years of the date of death, and missing that deadline ends the right permanently. A surviving spouse who remarries before filing loses eligibility. If you have lost a spouse and are unsure whether Year’s Support applies to you, speak with our Atlanta probate attorney before that two year window closes.

Grounds for Objecting to a Will in Georgia

An heir who believes a will does not reflect the true wishes of their loved one may file a caveat, but the objection has to rest on a recognized legal ground. Disappointment with the size of an inheritance is not enough on its own. Georgia probate courts consider objections based on:

• Undue influence exerted over the person making the will
• Lack of testamentary capacity at the time the will was signed
• Fraud in how the will was prepared or presented
• Forgery of the will or of a signature on it
• Improper execution, meaning the will was not signed and witnessed as Georgia law requires
• Revocation, where the will was validly cancelled before death
• Elder abuse that shaped the terms of the will

We represent heirs bringing these challenges and executors defending against them. Both sides benefit from an honest early assessment of whether a caveat has real legal footing, because contested probate is expensive and slow for everyone involved.

Georgia Probate Deadlines You Should Know

Georgia law expects a will to be filed with the probate court with reasonable promptness after a death. A person holding a will who refuses to file it can be compelled to do so by petition from any heir or beneficiary, and can face penalties for withholding it.

Beyond that, there is no single deadline that governs an entire estate. Georgia does not impose a fixed date by which an estate must be closed. A straightforward estate often resolves in six to nine months. An estate involving real property in multiple counties, a family business, disputed heirs, or a contested will can run considerably longer.

What does not change is the fiduciary duty of the executor to act in a timely and honest manner. Beneficiaries who believe an executor is stalling or mishandling assets can demand a formal accounting or petition the court for relief. One piece of good news for Georgia families: Georgia imposes no state estate tax, so the tax burden on a Georgia estate is lighter than in many other states.

Frequently Asked Questions About Probate in Georgia

How long does probate take in Georgia?
A straightforward estate with a valid will and cooperative heirs usually takes six to nine months. Estates that involve disputes among heirs, property in more than one county, or a contested will can take a year or more.

Do I need a lawyer to probate a will in Georgia?
Georgia does not require it. Whether you should hire one depends on the estate. A small estate with one beneficiary and no debts can often be handled alone. An estate with real property, creditor claims, business interests, or any disagreement among heirs is where mistakes become costly, and where an attorney usually saves more than the representation costs.

How much does probate cost in Georgia?
Cost depends on the size and complexity of the estate and on the filing fees charged by the county probate court where the estate is administered. We discuss fees openly during your free consultation so you know what to expect before you commit to anything.

Can probate be avoided in Georgia?
Often, yes. Assets held in a living trust, property owned with survivorship rights, and accounts with a named beneficiary such as life insurance or a retirement plan pass outside probate. Whether an estate can skip probate entirely depends on how the assets were titled during the lifetime of your loved one.

What if the executor is not doing their job?
Beneficiaries can request a formal accounting from the executor and, if that does not resolve the problem, petition the probate court. The court can compel action, impose sanctions, or remove an executor who has breached their duties.

Does Georgia have an estate tax?
No. Georgia does not impose a state estate tax. Large estates may still owe federal estate tax, and the estate may need to file final income tax returns for the person who died.

Which county handles the probate?
Probate is filed in the county where the person lived at the time of death. For metro Atlanta families that is usually Fulton, DeKalb, Cobb, Gwinnett, or Cherokee County probate court. We handle probate matters throughout Georgia.

Contact Fouts Law Group Today For Probate Assistance

Atlanta estate planning Attorney Jeff Fouts has been guiding grieving families through probate for nearly three decades. Our experienced firm is committed to helping you honor your loved one’s last wishes. We can give you peace of mind! Call today to schedule a free consultation and learn more about what we can do to serve you during this difficult time.