Dedicated Representation Throughout The Estate Administration And Probate Process

Estate administration, or the act of collecting and managing an estate to pay debts and distribute remaining property after the passing of a loved one, is daunting. Thankfully, you do not have to face either the estate administration portion or the probate process alone. You can choose an experienced and knowledgeable attorney to guide you through these processes.

We are Trotter Deems & King LLC, a team of Georgia attorneys who aid clients across the Cartersville community and the surrounding area. We can help save you considerable time, money and energy when settling the affairs of an estate. We have extensive experience with the probate and administration processes.

Learn More About Estate Administration And Probate

Estate administration is much more complicated than fulfilling a will. We can help you with considerably complicated matters like:

• Collecting all assets of the estate, including stocks, real estate, money and personal assets
• Paying any owed debts to insurance, utility bills, etc.
• Alerting the bank, pension, 401k and other major institutions of the account holder’s passing
• Determining heirs based on any wills or following the intestacy laws (which is a process that occurs if someone passes without a will)

If the estate needs to go to probate, you should prepare yourself for a longer journey.

Probate is the process in which a court oversees the administration process. Because a court is involved, each task in this process takes more time to complete. In Georgia, the law allows an heir to request to skip the probate process. Conditions like all heirs agreeing to skip probate and agreeing on how to divide the assets need to be met. We can help you either work through the probate process or try to work around it.

What To Know About The Probate Process

The probate process is a legal procedure to settle an estate after someone passes away. A general list of the steps is:

1. Filing a petition with the probate court
2. Notifying heirs and creditors
3. Creating an inventory of assets
4. Paying outstanding debts and taxes
5. Resolving disputes over inheritance
6. Distributing assets.

This concludes the probate process. Our goal is to provide a smooth and efficient process during what can often be a challenging time.

Exploring All Your Options For Trusts

There are various categories of trusts, each serving different purposes. Here are some common types:

• Living trust: Created during the lifetime of the grantor, it helps manage assets and avoid probate.
• Testamentary trust: Established through a will, it comes into effect after the grantor’s death.
• Revocable trust: The grantor can modify or revoke this trust at any time.
• Irrevocable trust: Once established, the grantor cannot alter or revoke it.
• Charitable trust: It is designed to benefit a charitable organization or cause.
• Special needs trust: Created to provide for a beneficiary with special needs without affecting their eligibility for government benefits.

Understanding these categories helps you make informed decisions about your estate planning. Each type of trust serves a unique purpose and offers different benefits. Our trust administration lawyers can guide you in selecting the best option for your needs. Whether you are dealing with the probate process or administering a trust, having a Georgia probate lawyer can make all the difference. We are here to assist you every step of the way, ensuring that your loved one’s estate is handled with care and professionalism.

Frequently Asked Questions About Georgia Probate And Estate Administration

At Trotter Deems & King LLC, we help executors and beneficiaries of estates through the often complicated probate process. Below are some answers to common questions about probate. However, there is no substitute for a personalized consultation with an attorney.

What is probate?

Probate is the process through which a deceased person’s estates, or assets and belongings, are distributed to their heirs or beneficiaries. Probate is typically handled in probate court.

What does the executor of an estate do?

The executor of an estate is typically named in the deceased person’s last will and testament, and confirmed by the court. An executor, sometimes called a personal representative, is responsible for paying off any debt or taxes using the deceased person’s assets and then distributing those assets as outlined by the will.

Being an executor or a personal representative is a significant responsibility. Working with a qualified probate attorney can help bring clarity to the process and minimize stress.

What property must go through probate in Georgia?

Bank accounts with no designated beneficiaries, stocks and bonds, real estate, and tangible property, such as jewelry, antiques and vehicles, must go through probate. Only certain assets, primarily those held in a trust, jointly owned with another person or with a named beneficiary, may legally be distributed without probate.

How long does the probate process take?

There is no deadline to settle an estate in Georgia, and the amount of time it takes can vary greatly depending on several factors. Larger, complex estates take longer to settle than small, simple estates. Whether the deceased person had a will can have a great impact on the length of the process. On average, most estates are probated in six to 12 months, barring any unforeseen obstacles or litigation.

How is a trust administered?

Administering a trust involves several important steps. Here is what goes into it:

1. Reviewing the trust documents: We start by reviewing the living trust document to understand the terms and conditions.
2. Notifying beneficiaries: We notify all beneficiaries about the trust and their entitlements. This ensures transparency.
3. Creating an inventory: We create an inventory of all assets held in the trust. This helps in the accurate distribution of property and assets.
4. Paying debts and assets: We handle paying taxes and any debts associated with the trust. This step is essential to maintaining the trust’s integrity.
5. Distribution of assets: We administer the trust by distributing the assets according to the trust document. This ensures that the wishes of the deceased are honored.

Having a probate and trust administration lawyer is crucial. We ensure all legal requirements are met and help prevent potential disputes.

We’re Here To Help. Call For A Consultation.

We know which actions to take and what needs to be done based on each unique situation. Many of our clients are looking for someone to help them move into the next chapter of their lives, and we are happy to oblige by overseeing their estate administration or probate process.

Matters involving estates and probate law can be both legally and emotionally challenging. If you have additional questions or desire guidance about estate administration and probate in Georgia, we encourage you to contact us for a free initial consultation. Please call our Cartersville office at 770-382-6144 or send an email to get started.