Probate

Probate is a legal process that involves the handling of a decedent’s estate, including the execution of their will and the distribution of their assets.

This is called “intestate.” When a person dies without a will in Georgia, the state’s laws of intestacy come into effect. The decedent’s intestate property passes to his or her heirs as prescribed by these laws. The person appointed to administer this process is called an “administrator”, and will typically file a petition with the local probate court where the decedent resided at the time of his or her death.

The amount of time it takes can vary greatly depending on several factors, including whether the person had a will at the time of their death and the willingness by the heirs to participate, among others. Larger estates can take more time. On average, an estate can be probated in 6 to 12 months, unless there are obstacles or litigation that cause delay.

The probate process can be complicated. In general, the steps for probate include:

• Petition the court to start the probate process
• Collect the estate’s assets
• Pay any valid debts
• Distribute the remaining assets