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If you are currently dealing with, or about to deal with, the Georgia state court system with respect to a probate or estate issue - the following information should be helpful to you.

Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the "heirs," or the descendant(s) of the estate.

What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a "petition" to open the estate and name a personal representative who is responsible for the administration of the deceased's property.

The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.


Georgia Probate

In the state of Georgia, it is important to know that the deceased's surviving wife or husband is required to petition the probate court to allow the probate process to proceed. If the spouse of the person who has passed away is also deceased, the children's current guardian can handle this petition.

Obviously, an attorney's support with matters of this kind makes a great deal of sense. For example, when the Georgia probate court allows 1-year support to the deceased's spouse, the court clerk generates a certificate inside a thirty-day time frame. This is where deadlines become critical and your attorney's advice becomes crucial.

Another probate matter of great import to the Georgia probate court is how documents are to be written and executed. To write and execute a Will in Georgia, one must, by law, make sure there are witnesses present. The same witnesses will be summoned post the passing of the individual creating the Will. So whom you choose as witnesses is a crucial step.

Probate in Georgia

Georgia has 159 probate courts and 159 judges. Georgia only has probate courts in counties with a population over 96,000 and where the probate judge is an attorney who has been practicing for at least 7 years. The courts have jurisdiction over mental health, estate, miscellaneous civil, moving traffic, and DWI/DUI matters.

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