First, take the time you need to grieve your loss, but don’t lose focus on the estate administration process. After a doctor or medical professional declares your loved one deceased, make sure that any of the decedent’s minor children or pets are taken care of, and that their home is secure from break-ins and theft. Then, contact a probate attorney and begin the process of finding and organizing your loved ones estate planning documents, if any.

Simply stated, probate is the process by which an estate is settled and its assets distributed. The probate process begins when you or your probate lawyer open a case in probate court. If the decedent did not name a personal representative or executor in their will, the court will appoint one. This person is responsible for managing the estate’s assets, paying debts or taxes, resolving probate litigation brought against the estate, and—in general—navigating the probate court process.

There is no clear answer to this question, but—in general—you can expect the process to take 6–12 months. If the estate is very large and has a lot of assets, the estate administration process may take more time. Likewise, if there was no will present at the time of death, this can also extend the probate process. Finally, if your loved one’s estate faces litigation or contest, the probate process can drag on for a very long time—sometimes years. 

If you were named personal representative or estate executor, but do not want the responsibility, you may decline the role. However, before doing so, please consider the well-being of the estate and make sure the person who will be stepping in as executor will be trustworthy and keep the estate’s best interest in mind. If you decide you do not want to act as personal representative after probate proceedings have begun, you will need to ask the court for permission.

Probate can be a hassle, so many people go out of their way to employ estate planning strategies that bypass the probate process altogether. Probate avoidance is popular because probate is a public process that can be lengthy and expensive. It increases the likelihood of family conflict and legal challenges, and can also lead to unwanted outcomes in terms of asset distribution. Probate also leaves your loved one’s assets vulnerable to creditors and predators.

If your loved one’s estate must go through probate, hiring a probate attorney can help ensure the security of the estate’s assets, and safeguard its beneficiaries inheritances.

A probate lawyer can guide you through the nuanced legal process of settling an estate after someone dies, helping to identify assets, manage debts, distribute inheritances to beneficiaries, resolve disputes among heirs, and ensure the probate process is handled correctly, minimizing potential legal issues and delays; essentially making the process less stressful and more efficient. 

The probate law attorneys at the Estate Planning Law Group of Georgia are well-versed in Georgia’s probate process, and can help you seamlessly navigate the ins and outs of estate administration.