In Georgia, the state offers two different types of probate: solemn form and common form. However, you may want to consult a lawyer in some situations. Probate of a will in GA similarly compares to most other states, and your real estate attorney can help you follow the appropriate steps. See O.C.G.A. However, don't hire a lawyer just yet' some situations allow you to navigate Georgia probate law yourself. This process can include proving the validity of a will, identifying and appraising the deceased person’s (decedent’s) assets, paying the decedent’s debts and taxes, and distributing the decedent’s property. Not all of the decedent’s assets are considered as a part of the decedent’s probate estate. Probate refers to the legal process that takes place after someone dies and his or her estate is examined and distributed. 14. You should also know how to probate a will in Georgia because the probate process is cheap compared to some other states. The standard forms are available at the courthouse or online at the Georgia Supreme Court/Probate Court site. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Let us help you today. My firm handles only probate issues including real estate issues arising from the death of someone. Georgia Probate Questions & Answers. The heirs will need to provide the court with a written plan, detailing how the assets will be divided, and file a “Petition for Order Declaring No Administration is Necessary.” Keep in mind that any creditors of the decedent will also have to agree to the written plan. According to Uniform Probate Court Rule 5.6 (A), unless the Court specifically 1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on Dec 5, 2020. Georgia has among the most user-friendly of probate laws, allowing many estates to avoid probate altogether, as well as streamlining the administration of most estates that are probated. To start the process of probating the will, the executor has to file the original signed will and Georgia Probate Court Standard Form 5, which is the Petition to Probate Will in Solemn Form. Generally speaking, if you go through the probate process, it's going to take 4+ weeks. File a petition with the probate court requesting a year’s support off the top of the estate for the decedent’s spouse and minor children, if appropriate. If there’s a will, this person is called an executor. Filing and Serving the Petition to Probate The word "probate" technically refers to the act of proving that a written document is the authentic Last Will and Testament of a deceased individual. Georgia law requires that the will gets filed in the county where the decedent died. The question of how long does the Georgia Probate Process take is an interesting one because every probate is different. Georgia law allows an heir to request that the decedent's estate skip probate entirely. If the deceased person named you to serve as executor (generally called a personal representative or PR in Georgia) in his or her will, it will be up to you to step up and take charge of settling the estate. But, every probate takes between several months (6 to 12 months on average) and several years to complete. Determine if probate is required. The testator can sign the will by mark or by any name that is intended to authenticate the instrument as … In that situation, the court will appoint an administrator to collect the decedent’s assets for distribution. In order for the Probate Court to process your petition, you will need to have all of the blanks filled in. 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