Georgia Probate Lawyer
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If You’ve Recently Lost A Family Member & Are Navigating Probate, You Can Trust Us To Keep The Process As Smooth As Possible, Because We Know The Road Ahead.
Your Georgia Probate Lawyer Helps Estate Executors & Beneficiaries Save Time, Money, & Stress.
At Fouts Law Group, we know the ins and outs of the probate process, so we can help you understand and fulfill your role within the process. Our guidance can simplify this confusing and convoluted legal proceeding.
If you have been appointed as the estate executor or personal representative – the person in charge of overseeing the probate process – we can help you understand what is required of you by law and then assist you as you carry out your legal duties (or carry them out for you, on your behalf, depending on the circumstances). Those duties may include:
- Submitting the will and probate petition to the court
- Collecting and appraising assets
- Caring for assets until probate is resolved
- Formally notifying creditors and beneficiaries
- Filing final tax returns
- Settling outstanding debts/responding to creditor claims
- Paying outstanding taxes
- Making decisions regarding the guardianship of minor children
- Paying court fees
- And more.
Probate is a sensitive process and needs to be handled with care. As the estate executor, any mistakes or missteps that you make along the way can result in personal liability; this can lead to lawsuits and lengthy legal battles that would be best avoided. Our probate law firm will prevent errors and offer wise legal advice that can give you peace of mind. We can defend against creditor clams and resolve any family conflict that may arise.
We can also represent beneficiaries who stand to inherit. If you believe that the will is not an accurate reflection of the deceased’s wishes, or if you suspect that the estate executor is not acting honestly/not fulfilling their obligations correctly, we will advocate for your rights to be protected and preserve your inheritance!
If your loved one lived in the Atlanta area, our Atlanta probate lawyer can walk you through the process in Fulton, DeKalb, Cobb, and the surrounding counties.
As Your Probate Attorney, Fouts Law Group Provides Compassionate Guidance That Makes This Difficult Time Easier On You & Your Loved Ones.
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Frequently Asked Questions About Georgia Probate
How long does probate take in Georgia?
Most straightforward estates move through Georgia probate court in six to nine months. Estates with a contested will, out of state property, or heirs who disagree can stretch past a year, sometimes several.
Do all estates in Georgia have to go through probate?
No. If your loved one died without a will and the family agrees on how the estate should pass, Georgia allows heirs to petition for an order declaring no administration necessary, which skips formal probate. Assets titled with a beneficiary, such as life insurance or a retirement account, and property held with survivorship rights also pass outside probate regardless of a will.
What does a probate lawyer cost in Georgia?
Cost depends on the size of the estate, whether anyone contests it, and the filing fees of the county probate court handling the case. We go over fees plainly during your free consultation so there are no surprises once the case is open.
Can you avoid probate in Georgia?
Often, yes, with the right planning done in advance. A revocable living trust, joint ownership with survivorship rights, and payable on death or transfer on death designations all move assets to your heirs without a probate filing. This has to be set up before death. It cannot be arranged after the fact.
What is the difference between common form and solemn form probate?
Common form is faster because heirs do not have to be notified before the will is admitted, but any heir has four years to file a caveat challenging it. Solemn form requires notifying every heir first and takes longer to open, but the court’s ruling is final once granted.
Does Georgia charge an estate tax on an inheritance?
No. Georgia has no state estate tax and no state inheritance tax. A large estate may still owe federal estate tax, and the estate typically needs to file a final income tax return for the person who died.