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What is Probate Law?

  • This writing is devoted for those interested in probate in the State of Georgia, especially those living in the County of Cobb and home to popular cities like Smyrna, Fair Oaks, Powder Springs, Kennesaw, East Cobb, Acworth, Marietta, Vinings, Mableton, Austell, Smyrna. Even if you don't live in these areas of Georgia, you may find this useful no matter where your probate court case could be.

    The Probate Process: An Unbiased Assessment in the state of Georgia

    The negatives of probate are what push people to stay away from it -- specifically, that probate is frustrating and costs many dollars. Many state governments expect 30-90 day waiting around periods as part of probate. If a member of a family or potential heir decides to contest the will or the court's asset distribution, the procedure may take even longer. In addition, the court, probate lawyers, assessors, and other experts involved all charge overhead expenditures for processing a property. These expenses typically come out of the estate itself.

    The main function of the County of Cobb Probate Court is to ensure that estates and guardianships are executed in-line with Georgia law. Speaking with a probate court attorney can help ease any fears you might have and we’ve included a pre-vetted point of contact (website) if you have any questions. Kelli L. Wolk, Chief Judge of the County of Cobb Probate Court helps make decisions on the verdicts of controversies involving estates and guardianships in Cobb County, which is North of Atlanta through litigation.

    A couple of, however, some qualities to the probate process. First, for some estates in various jurisdictions throughout the U.S., probate may be required. You need to check with a local probate attorney to determine whether probate is essential in your state. Second, the formality of probate courtroom often gives some degree of certainty to the deceased's family. If there was ever a query about whether a will is valid or around the worth of a specific asset, the probate process will find an answer.

    There are a number of different case proceedings which may be filed in the Probate court following a death of a Georgia resident or a non-resident owning property in Georgia. Legal actions are filed in the Georgia probate forms in court of the county of the decedent's residence in Georgia or in the state where the property of a nonresident is situated. For each legal scenario described, there's a boilerplate form, that your Court provides to any petitioner.

    The main role of the probate courtroom judge is to assure that the passed person’s lenders are paid and that any remaining assets are disbursed to the applicable beneficiaries.

    Nifty Resources for those in Georgia

    Probate is a legal procedure where a courtroom oversees the delivery of assets of someone who has died. Many states have a specialized probate courtroom. In some states, it is called by other brands, such as Surrogate’s Court, Orphan’s Courtroom or Chancery Courtroom. The court appoints you to definitely manage the passed person’s property, ensure that all bills are properly paid, and disperse the remaining property to the correct beneficiaries.

    For legal aid check this site (

    Steps in a Probate Cycle in the state of Georgia

    Probate refers to the procedure whereby certain of decedent's debt may be settled and legal title to the decedent's property held in the decedent's name alone and not in any other case dispensed by law is transferred to heirs and beneficiaries. If a deceased experienced a will, and the decedent acquired property at the mercy of probate, the probate process starts when the executor, who is nominated by the decedent in the final will, presents the will for probate in a courthouse in the county where the deceased person lived or possessed property. If there is the absence of a will, someone must ask the court to name him or her as administrator of the decedent's estate. Often, this could be the husband or wife or an adult child of the deceased. Once chosen by the courtroom, the executor or director is the legal representative of the estate.

    There are Four Underlying Procedures to Probate in Georgia

    1. File a petition and present notice to heirs and claimants.
    The probate process begins with the filing of the petition with the probate courtroom to either (1) admit the will to probate personnel and name the executor or (2) if there is no official will name an administrator of the property. Normally, notice of the court hearing regarding the petition must be provided to all or any of the decedent's heirs and claimants.

    2. Following a visit by the court, the person must give notice to all known creditors of the property and take a listing of the property. The personal spokesperson then gives written notice to all or any creditors of the estate based on state law; any creditor who desires to make a claim on the property of the property must do so within a limited period of time (which also varies by condition).

    3. Estate and funeral costs, debts and taxes must be paid from the estate.
    The personal representative must determine which creditor's claims are legitimate and pay those and other final bills from the estate. In some instances, the personal consultant is permitted to sell estate assets to fulfill the decedent's commitments.

    4. Legal name in property is moved based on the will or under the laws and regulations of intestacy (if the deceased person did not have a will). An adequately created will, updated regularly to take into account life changes, organized records of debts, personal property, and other resources simplifies the probate process. The easier it is perfect for your personal counsel to trace your steps after you're gone, the easier the process.