Our Probate Process in Alpharetta
When our law firm probates an estate, we take some or all of the following essential steps, depending on the nature of the estate:
Key Steps in the Probate Process
- File the most recent will with the probate court
- Petition the probate court for appointment of a Personal Representative
- Identify and inventory the decedent’s property
- Have the property appraised
- Collect money owed to the estate
- Pay debts and taxes
- File appropriate tax returns
- Identify the beneficiaries
- Locate the beneficiaries
- Distribute the remaining property as outlined in the will and other documents or through intestacy (where there is no will involved)
If there is a dispute, we litigate those matters.
A good estate plan can make the probate process much easier and less likely to result in family conflict.
Wrongful Death Settlement and Distribution in Probate Court
Understanding Wrongful Death Settlements in Georgia Probate Court
When an attorney recovers compensation for a wrongful death, that money needs to be distributed to family members as outlined by the Georgia Wrongful Death Statute and case law.
The settlement and distribution process of wrongful death claims in Probate Court are a frequent source of confusion and frustration for most attorneys who are hired to pursue compensation for the families. This is because these attorneys usually practice exclusively in the areas of personal injury and wrongful death, not probate.
Risks of Mishandling Wrongful Death Settlements
Noncompliance with relevant statutes and court rules will delay and jeopardize the settlement and distribution process and could leave an attorney vulnerable to a malpractice claim.
Frequently Asked Questions
What is probate and why is it necessary?
Probate is the legal process through which a deceased person’s estate is administered. It ensures that debts are paid and assets are distributed either according to a will or Georgia intestacy laws if there is no will.
How long does the probate process take in Georgia?
The duration varies based on the estate’s complexity, but it typically ranges from several months to over a year. Delays often occur due to disputes, difficulty locating beneficiaries, or complications in valuing and distributing assets.
Can wrongful death settlement funds be distributed outside of probate?
Not always. While Georgia’s Wrongful Death Statute may direct how funds are allocated, the Probate Court often plays a role in approving or supervising distributions to ensure compliance with legal standards and protect all beneficiaries’ interests.
What risks do attorneys face when mishandling wrongful death settlements in probate?
Attorneys unfamiliar with probate procedures may inadvertently violate Georgia statutes or court rules, leading to delays, jeopardized distributions, or even exposure to malpractice claims.
How can an estate plan simplify the probate process?
A well-prepared estate plan, including a valid will and properly titled assets, can streamline probate by reducing disputes, clarifying the decedent’s wishes, and minimizing administrative hurdles.