When a loved one passes away, their estate will have to pass through probate before the heirs can receive their share of the assets. If you’ve been named as the executor of someone’s estate, probate law can seem confusing and intimidating, especially if you’ve never gone through the process before. Understanding the steps involved will help you navigate this complex system and get the legal representation you need.

The Probate Process in 5 Steps

1. Filing a Petition

Before distributing the decedent’s assets, the Executor of a will, or if there is no will an appointed Administrator, must file a petition with the court to initiate the probate process. A copy of the petition must also be served as required by law on all heirs, beneficiaries, or other interested parties, who may contest the petition or the contents of the will. Once served, there is a short period of time for an heir or interested party to object to or “caveat” a will. 

2. Naming an Executor

If the decedent left behind a will, the probate law judge will usually affirm their choice of executor, who will handle settling the estate. However, there are specific formalities for a valid will in Georgia before a will can be admitted to Probate. If the decedent does not leave a will, the court will appoint someone to act as administrator and divide property according to Georgia’s intestacy laws. This will likely require the posting of a bond based upon the value of the deceased person’s estate. 

3. Notifying Creditors

Before any of the decedent’s assets can be distributed, the Executor (when there is a will) and the Administrator (when there is not will) must settle all remaining debts and notify known creditors in writing. These creditors have a six-month time period to make a claim again the value of the decedent’s estate and the notice must publish in the local paper for four straight weeks. 

4. Settling Debts

After the contents of the estate have been inventoried, the executor will be responsible for settling legitimate debts, including taxes and funeral expenses. If necessary, they may have to sell off some of the estate’s assets, even if they were explicitly left to beneficiaries in the will. There are specific laws in Georgia that govern the abatement of bequests made in a will. This means that certain bequests are used to satisfy debs before other bequests are subject to being sold or used to pay debts. 

5. Distributing Assets

Once the debts have been cleared and any disputes settled, the executor will begin distributing the remaining assets to the decedent’s beneficiaries. If the decedent prepared a will, executors are required to follow those instructions, while intestate assets are divided according to formulas contained in state law.
 

Being named the executor of a loved one’s estate can be daunting, but the legal professionals at Sanders, Ranck & Skilling, P.C. have the experience to help you navigate the confusing process. Their probate law attorneys have been serving clients throughout Toccoa, GA since 1978, providing in-depth legal counsel in a wide range of difficult situations. Visit their website for a closer look at their legal services, follow their Facebook for updates and news, or call (706) 886-7533 to speak with a probate law attorney and schedule a consultation.