Georgia Probate for Out-of-State Beneficiaries

Georgia Probate for Out-of-State Beneficiaries

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Being an executor of an estate is tough enough. 

But doing it from out of state adds lots of complexity to it. 

You have to handle things like: 

  • upkeeping, prepping, and selling the house
  • notifying the creditors and paying them off
  • dealing with the probate courts
  • navigating Georgia probate laws

Our probate lawyers take everything we can off your plate. 

That way, you don’t have to figure this out alone. 

What Is Probate?

Probate is where: 

  • the will gets validated by the courts
  • estate property is inventoried and appraised
  • debts get paid off
  • the property gets distributed to the heirs

The steps of probate in Georgia include: 

  1. Filing the petition, original will, and death certificate
  2. Notifying creditors and heirs. 
  3. Inventorying the estate. 
  4. Paying debts and taxes. 
  5. Distributing remaining assets. 
  6. Closing the estate.

The Role of the Probate Court

You have to open probate in the county where the deceased person lived. 

They will do things like: 

  • validate the will
  • appoint the executor or administrator
  • oversee the estate administration
  • manage claims against the estate
  • resolve disputes
  • protect the interests of minor children
  • close the estate

The Probate Process for Out-of-State Beneficiaries

Probate in Georgia is already complicated and overwhelming. 

Doing it from out-of-state adds a layer of complexity. 

Here are the steps we will guide you through.

Initiating the Probate Process

  • Filing the Will and Petition: File the original will and a Petition for Probate
  • Notifying Heirs and Creditors: Notify heirs and creditors of the probate.

Managing Estate Affairs Remotely

  • Estate Inventory: You must inventory and appraise the estate’s assets.
  • Paying Debts and Taxes: The estate has to settle debts and taxes. 
  • Distributing the Remaining Assets: Distribute remaining assets to heirs.

Special Considerations for Out-of-State Beneficiaries

Living out of state introduces challenges and considerations for probate.

Legal Representation

Out-of-state beneficiaries should hire a Georgia probate attorney who can:

  • navigate local laws
  • file necessary documents
  • represent the beneficiaries in court if needed

Understanding Georgia Tax Implications

Georgia does not have inheritance or estate taxes. 

But, you’ll still have to pay federal estate taxes if it’s worth more than $13.61M.

Dealing with Real Estate

Managing real estate from out of state can be difficult. 

You’ll either have to: 

Either way, you need to: 

  • lock up the property
  • clean it out
  • renovate it (as needed)

If you’re selling it, you have two options: 

  • list it with a Realtor
  • sell it to an investor in as-is condition

We can give you recommendations of Realtors that we have worked with before. 

Or, we can get you a guaranteed offer on the property. 

(We own a real estate investment company.)

When you sell your house to an investor: 

  • you can take ONLY what you want from the house
  • you can leave the junk in the house
  • you DON’T have to clean up or renovate the house
  • you get cash – don’t worry about loan approvals
  • you don’t need to worry about appraisals or inspections

(No other probate lawyer offers this. Let us know if you are interested.)

Essential Steps for Out-of-State Beneficiaries

Follow these steps for managing probate from another state:

  • Hire a Georgia Probate Lawyer: We handle everything for you.
  • Stay Informed: We keep you informed at every step of the way.
  • Plan for Possible Travel: You need to go to court if there is estate litigation.

Get Help From A Probate Lawyer

The probate process is confusing and overwhelming. 

There’s 50 forms that you COULD file.

And no direction on which ones you need. 

But, the easy part is filing the will. 

The hard part is: 

  • properly notifying all parties
  • inventorying and appraising the property
  • paying off creditors
  • distributing property
  • keeping accounting
  • closing probate

You shouldn’t have to figure this out while mourning the loss of a loved one. 

Fill out the form to get professional help through the probate process.

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