If you find yourself dealing with the death of a loved one we can help you through the probate process. Here are a few questions that explain a little bit about Probate in Georgia.
PROBATE IN GEORGIA
We make this process less stressful for you so you can focus on the more important issues.
What is Probate?
In simple terms, probate is a court supervised process of distributing the property of a deceased person (decedent) which is called the decedent’s estate. In Georgia, the rules that govern probate are found in multiple places, which include the Official Code Georgia Annotated (O.C.G.A.), Georgia Probate Court Handbook and potentially Superior Court Rules and Procedures Handbook.
Do I need an attorney?
When I get asked this question, my recommendation is that you are better served with an attorney. It’s not mandatory, however, to have an attorney. Unfortunately, many spouses in Georgia lose out on several benefits because they file probate without an attorney and don’t take advantage of a Petition For Year’s Support (see below for more info). Many of the standard petitions and forms that are used to probate a will or an estate that does not have a will can be found at the Council of Georgia Probate Judges website . If you anticipate that a family member would object or cause problems with the probate process, I strongly recommend getting in touch with a probate attorney – and do it quickly. There are several time frames associated with the probate process and the ability to appeal a ruling or decision may be lost if it is not acted on within the time line.
How long does Probate take in Georgia?
If a probate is filled correctly and not contested (if no objections are filled by businesses, family members, or interested parties) the probate process can be completed in 6 to 9 months. If a probate is not filled correctly or is contested, it can take years which will then likely cause significant expenses and heartache.
What is Year’s Support?
Year’s Support is a benefit to surviving spouses in Georgia. We are the only state in the United States that has this provision. The Petition for Year’s Support allows property taxes to be abated for one year which can be a huge benefit. In addition, to property taxes, additional property to include real property (land) can be added in to the petition for Year’s Support. This can also be used in the event that a spouse attempts to disinherit their surviving spouse through an improper Will.
Will I have to pay inheritance tax?
The only time you would have to pay an inheritance tax on an estate in Georgia is if the estate is worth more than $13 million ($26 million if married) and this is due the federal government. Georgia does not have a state inheritance or death tax on property. Some states do, however, have an inheritance tax which can be as low as a million dollars (Oregon). This may seem like a lot more money than you would have to consider but an estate can consist of property (house and land), personal property (boats, cars or valuable items), life insurance proceeds and retirement accounts – depending on how they are designated. So Georgia is not considering an inheritance or death tax but if you own property outside of Georgia you may have to consider that.
What do I need to do if I want to hire Jenkins Law Firm?
Give us a call or send us an email and we will set up a time either in person or online to meet. We offer a free initial 20 min. consultation. Some documents that we need to get started are: Original Will, Death Certificate, and Property records (deed/addresses). You don’t have to have these documents for the initial free consultation and we’ll go over any other documents we may need.
How much does this cost?
For probate petitions and actions Jenkins Law Firm charges a flat fee. This means that the cost includes everything needed to file the petition with court, publish any legal notices and other costs associated such as mail or postage.
For uncontested standard petitions (probate will, letters of testamentary) $2600 – $3600
If the probate starts uncontested but becomes contested than the price would go up based on the type of litigation necessary. This quote is subject to change.
Give us a call (706) 450-9982
WE MAKE THIS PROCESS A LITTLE LESS STRESSFUL SO YOU CAN FOCUS ON THE MORE IMPORTANT ISSUES IN YOUR LIFE.