how to probate a will in georgia without an attorney

Therefore, when a loved one passes away, you should take into account a few things. Although not necessary, it is wise to have an expert’s eye on your actions to avoid any costly (personally to you) mistakes. Save time and money with our EZ-Probate process and leave the actual legal questions if they arise for the attorney. Some states have residency requirements for administrators, which can create serious issues for families that are spread across the country. Uncontested probate or administration through appointment, no minor heirs: $1500 – $2500; Uncontested probate or administration through appointment, with minor heirs: $2000 – $3000; Uncontested year’s support through final order: $2000 – $3000 . No, in Georgia, you do not need to notarize your will to make it legal. After settling the estate, submit a petition for discharge. Probate court selects the estate administrator when you die without a will. Remember, only assets that pass through probate are liable to pay debts. This is when you report to the court and show proof that you have done everything needed to close the estate. Once you file the will with the appropriate probate court, you will need to take stock of the assets in the document and to whom they should go. For you to execute the codicil, Georgia law requires two competent witnesses who are at least 14 years old to be present when you sign and date your codicil document. With the court appointment, you will now be able to change. Let's go over the general steps of the probate process and discuss when an attorney might be needed. We simply help you fill out publicly available forms and provide you with publicly available information. § § 53-2-40. If the will is not being followed, then an interested party,typically an heir or beneficiary, may petition the probate court and bring the issue in front of the probate judge. Uncontested Guardianships If you are unsure how to transfer ownership, then an attorney is needed. Probate courts usually oversee this process, and an executor named in the will or appointed by the court manages the estate. If you’d like more information without seeing an attorney, you can buy my book, Estate Planning for the Modern Family: A Georgian’s Guide to Wills,Trusts, and Powers of Attorney, for a step-by-step guide to estate planning in Georgia. In fact, anyone can interact with the court system and you do not need a lawyer to do so. Common form probate, on the other hand, does not require notice but remains open to … These fees are also dictated by state law and they're usually calculated in the same way as the personal representative's fee. Most states, including Georgia, have special processes in place for estates that are either unusually complex or very simple. Additionally, the representative is also responsible to find out what debts the deceased had and devise a plan to pay those debts. This estate is called the intestate estate and the probate laws in Georgia determine its distribution and transfer as follows: Schedule a Consultation. 1) Petition the court to be the estate representative, The court will provide you with forms to fill out to notify heirs (listed in a will, or if no will state law dictates who the heirs are). If there's no will, the state probate court will decide the rules of inheritance. A person can die either intestate (without a will) or testate (with a valid will). First, locate all copies of wills executed by the decedent. We are not a law firm, or a substitute for an attorney or law firm. Before distributing assets to any heirs or beneficiaries, pay all outstanding debts. Before you can petition the court to begin the probate process, you must locate the will of the deceased. Because of this, there are some unique considerations for estate planning. This is an expedited process that avoids complicated forms and numerous trips to probate court. As you can see there is no clear answer to if you need an attorney to probate a will, rather certain situations that come up when an attorney is most definitely recommended. When a property owner dies, their assets must be distributed to the people that are named in the decedent's will or are the decedent's heirs under state law. Georgia allows for a simplified probate procedure if certain conditions are met. These forms can (with the help of EZ-Probate) be filled out by you. Common form probate, on the other hand, does not require notice but remains open to challenge for four years. Probating a will in Georgia involves many different processes and filing requirements. Ga. Code Ann. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. After paying all final debts, distribute the remaining assets to heirs and beneficiaries according to the terms of the will. This portion of the site is for informational purposes only. 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