Probate Basics – Probate takes place after a loved one passes away. Probate cases can vary widely depending on factors such as the size and diversity of the estate; the number of creditors, heirs and beneficiaries; and the existence of disputes. Typically a family member is named the executor of their estate.
The purpose of probate is to prevent fraud after someone’s death. Furthermore it’s a way to freeze the estate until a judge determines the will is valid, that all the relevant people have been notified, that all the property in the estate has been identified and appraised, that the creditors have been paid and that all taxes have been paid. During probate, the courts will name a representative responsible for overseeing the estate. This person is an executor.
The executor of an estate is responsible for overseeing the estate’s distribution. If the deceased had a will, he or she will likely have chosen the person they want to fulfill the role as executor. If not, the courts will decide who should have the position. You will be wrapping up the affairs of the deceased. This can include paying taxes and debts, as well as transferring belongings to entitled family members.
The Last Will and Testament is the first document to come to mind when a person passes away and an executor needs to handle the estate.
Other documents to collect:
There are different types of probate attorneys, most executors find themselves in need of help with transactional aspects of the probate process. Therefore, do research on the type of probate lawyer in your area. Look for lawyers that have considerable experience in probate. Finally, when you find a probate lawyer that looks appealing, set up a consultation.
The truth is, that the probate process can be a long, trying process, especially in Chatham County. The example we often give our clients is: if you started the probate process on the day that someone passed away and everything went as smoothly and quickly as possible, it would take a minimum of 5-6 months to gain control over the estate, for instance.
Navigating the probate process alone can be overwhelming and can lead to mistakes that you would be liable for. There is complicated paperwork involved and time sensitive deadlines, and many don’t want that type of responsibility when they are grieving.
Our firm works with people filing for probate, in order to make the process as seamless as possible. When you hire us, we do the work for you, ultimately taking the stress off your plate.We do our best to expedite the process, minimize discomfort, and protect assets as much as possible. Perhaps our most important jobs is simply to talk individuals through this unfamiliar landscape and to help set reasonable expectations for those who haven’t dealt with the process before.
The assets in the estate must be fully accounted for, and this includes debts owed to and by the estate. Pay any bills owed by the estate, but also seek out any money that may be owed to the estate in order to begin making the correct distributions to the beneficiaries.
The Last Will and Testament will direct the executor on how distributions should be made to the beneficiaries. Approval by Chatham County Probate Court must be approved first. This is a complicated step and may require assistance from a probate attorney.
Handling the probate process in Savannah, Georgia
The Probate Court of Chatham County is located at 133 Montgomery St. Rm 309, Savannah, GA 31401.
Now that you’ve gone through the process how can you avoid probate? The best way to avoid probate, of course, is to create a trust. Assets properly held in a trust are not subject to the expenses and delays of probate after death. A probate lawyer or estate planning attorney in Georgia can help you determine your needs and goals. This way you can get set up with the right documentation to make sure that your wishes are outlined well in advance. That way, you make the decisions about your estate, instead of leaving it in the hands of the courts.
If you are facing the probate process after the loss of a loved one, we encourage you to contact our Savannah probate attorneys to begin the process of closing out his or her estate. Through compassionate guidance and hands-on legal help, we will ensure that your loved one’s affairs are properly taken care of so you can focus on your family and the healing process. Finally, to schedule a complimentary consultation, simply call our Savannah probate attorneys at (912) 244-7581.
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