Probate Procedures in Georgia

The probate procedures in Georgia need not be an expensive, drawn-out process if Wills or Trust documents have been prepared by a qualified attorney. The state of Georgia offers a streamlined probate process where bond requirements, court-supervision, and reports to the probate court can be eliminated or drastically reduced for the families of loved ones who had a properly-drawn Will.

Sadly, the legal formalities of proper Will and Trust execution are rarely followed by individuals hoping to save money by using internet legal service providers.

The legal professionals at McKenzie Law Associates expect to see a dramatic rise in estate litigation in the coming years as the legal enforceability of “on-line Wills” are contested in probate courts around the country.

Estate litigation or “Will contests” are simply another arena where family conflicts are acted out. These conflicts may be due to an unscrupulous second spouse, or conflicts among children. Whatever the source, the legal professionals and trial attorneys of McKenzie Law Associates offer 35 years of experience to root out fraud, undue influence, duress, and even incompetence that may surround the drafting and execution of a Will or Trust.

Home-made Wills” or Wills prepared through the service of an internet legal service provider should be carefully reviewed to be sure that proper formalities have been followed.

If a loved one’s Will or Trust leaves a disproportionate share to a second spouse or a particular child, and ignores the needs of remaining children, please consult the legal professionals at McKenzie Law Associates for a low-cost complete review. Free thirty-minute consultations are available.

  • Probate of wills is not usually an expensive or time-consuming process in Georgia, where the Will has been prepared by an attorney with experience in Will drafting. In our firm, we have been preparing Wills for clients for over twenty-five years.
  • In Georgia, there is no state tax on “probate assets”, as is the case in Florida and many states in the Northeast.
  • The preparation of a well-drafted Will and the execution of the Will under the supervision of a lawyer with experience in estate planning is also perhaps the best defense against a dispute arising among your heirs regarding the division of your estate.
  • Most estate litigation occurs when there is either no Will or the decedent has prepared his own Will and asked family members or a couple of neighbors to witness his execution of his “Will”.
  • Wills of decedents leaving an estate in excess of $100,000 should be probated.
  • If the decedent died owning real estate in Georgia, his Will should be probated. If there is no Will, an administration proceeding should be initiated to ensure that there are no defects in the title to the property that may be difficult to cure later.
  • Our firm has handled the probate of over a hundred wills over its twenty-three-year existence. We offer individual attention to your probate matter for a family member or loved one.
  • If a dispute arises among family members regarding the proper disposition of the estate, our firm offers over thirty years of experience in handling these disputes.
  • Estate disputes are often similar to a divorce, and often involve conflicts or jealousies that have existed among family members for many years. Sometimes these disputes involve title to land or business ownership issues. With over thirty-three years in handling business estate and family law disputes, our firm has the unique set of skills necessary to represent your interests whether in probate court or the Superior Courts of Georgia or surrounding states.
  • Our firm has been involved in one of the longest and most complex matters of probate litigation in Gwinnett County’s history from its commencement in Gwinnett County Probate Court in 2002 until 2010. The case has involved the claims of multiple claimants to the estate and the operation and sale of multiple businesses in the South Eastern U.S. and outside of the United States. Our firm involvement, in this case, began in 2005 and continues to this day, with the expectation that the estate will finally be distributed among the claimants later this year.
  • Our other estate litigation experience involves disputes among family members as to service of administrator of the estate, challenges to executors representing an estate, and real estate disputes concerning property passing by will or descent.
  • Most estate probate proceedings can be completed within 6 to 9 months and legal fees rarely exceed $2,500 if the Will has been properly prepared and executed. Allow our firm to work with your family upon the passing of a loved one.

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