Do You Need A Lawyer For Probate In Georgia?

Hiring a probate lawyer gets expensive fast.

Do you need to hire a lawyer for probate?

Or can you do it yourself?

Do You Need A Lawyer For Probate?

No, you are not required to have a lawyer handle probate for you.

If you’re comfortable navigating the legal system, you can do it on your own.

This can save you thousands of dollars in probate costs.

Let’s talk about when it’s a good idea to hire a lawyer for probate.

Here are situations where you should hire a probate lawyer:

Complex Estates: Estates with substantial assets, multiple properties, or lots of debts.
Disputed Wills: Beneficiaries are contesting a will’s validity or asset distribution.
Estate Litigation: Legal challenges or litigation against the estate.
Unfamiliar with Probate Laws: You want to avoid costly mistakes that can leave you personally liable.

Most probate lawyers won’t tell you that you don’t need to hire them.

Here are situations when you can do probate on your own:

Simple Estates: Small, straightforward estates with clear instructions and no disputes.
Jointly Owned Property: Assets jointly owned with the right of survivorship (i.e., bank accounts or houses) typically transfer outside of probate.
Beneficiary Designations: Life insurance policies, retirement accounts, and payable-on-death accounts with designated beneficiaries can avoid probate.

We will give you two sets of instructions:

When there is a will, the estate gets split up per the will.

The courts will:

Here are the steps the executor needs to take:

Get the Death Certificate: Get 5+ copies of the Death Certificate.
Find the Will: Find the deceased’s will and related documents.
File the Petition: Submit the will and file the Probate Petition.
Appoint an Executor: Get Letters of Testamentary from the court.
Notify Creditors and Heirs: Inform all creditors and beneficiaries of the probate process.
Inventory the Estate: List all assets, including property and accounts.
Appraise the Assets: Determine asset values, often with professional help.
Settle Debts and Taxes: Pay off all debts and taxes owed by the estate.
Distribute the Remaining Assets: Allocate assets to beneficiaries as specified in the will.
Close the Estate: File a final accounting with the court and request estate closure.

When there is no will, the estate gets split up per Georgia intestate laws.

The courts will appoint an administrator to manage the estate.

Here are the steps you need to follow:

Get the Death Certificate: Get 5+ copies of the Death Certificate.
Petition for Probate: File a petition to start the probate process.
Appoint an Administrator: Get Letters of Administration from the court.
Notify Creditors and Heirs: Inform all creditors and beneficiaries of the probate process.
Inventory the Estate: List all assets, including property and accounts.
Appraise the Assets: Determine asset values, often with professional help.
Settle Debts and Taxes: Pay off all debts and taxes owed by the estate.
Distribute the Remaining Assets: Allocate assets to beneficiaries as specified in the will.
Close the Estate: File a final accounting with the court and request estate closure.

The risk is that you’ll mess up things like:

The real risk is that the executor can be personally liable for financial mistakes.

You’ll have to come out of pocket if you:

Are you overwhelmed by the Georgia probate process?

Our Georgia probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not:

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