Coping with the loss of a loved one is never easy. Not only do you have to overcome a considerable emotional burden, but you may also have to resolve various logistical and financial issues that arise as a result of the death, especially if it was unexpected. Fortunately, a probate law attorney can help. The compassionate wills and trusts lawyers from Sponcler & Tharpe LLC in Dalton, GA, have helped many clients settle their estates. Below, their legal team explains what you should know about the process before getting started.

When Is Probate Necessary?

Typically, most estates must pass through the process; however, every state allows for exceptions under probate law. In Georgia, for example, an estate can be settled without court proceedings if the deceased only possessed exempt assets, such as those owned in joint tenancy, life insurance policies, pension benefits payable to a designated beneficiary, and property that had already been transferred to a trust.

Families in Georgia may also be able to avoid probate if the deceased did not leave a will, the heirs can agree on a fair distribution of any assets, and there are no outstanding debts—or existing creditors do not object to the arrangement.

The Basic Steps for Settling an Estate

Every estate may be different, but the process of settling each one is typically the same. Probate involves locating the assets, paying all applicable debts, resolving any disputes that arise, and distributing the remaining property among the beneficiaries. Aside from the exceptions mentioned above, estates must typically go through these proceedings regardless if there is a will.

If the deceased left a will, the executor whom he or she named will settle the estate. Otherwise, the court will appoint a personal representative. Probate typically takes between six to nine months to complete; however, depending on the size of the estate and the complexity of any disputes that arise, it can take longer.

If you recently lost a loved one and have questions about probate law, turn to the seasoned team at Sponcler & Tharpe LLC in Dalton, GA. Their attorneys have over three decades of experience and offer quality legal guidance and representation to ensure your rights and best interests are protected. You can learn more about their knowledgeable lawyers by visiting their website. To schedule an initial consultation, call (706) 278-5211 today.