Wills & Probate

Last Will and Testament Document

Wills

Although Georgia recognizes holographic Wills (handwritten) it is highly recommended that a skilled probate attorney draft your Will. You Last Will and Testament could be rendered invalid if not carefully drafted. Georgia law has certain basic requirements. If your will does not meet them, the probate court may deem it invalid, in which case your property can end up distributed according to intestacy laws rather than your wishes. Our attorneys understand that preparing this document may be an emotional process and handle each Will with sensitivity, precision, and care. We will make sure your wishes are conveyed clearly and answer any questions you may have throughout the process.

Let us draft your Will and rest assured that your last wishes will be carried out and your loved ones will be supported.

Probate

The probate process can be confusing and overwhelming. There are several processes that can lead to unnecessary hurdles when probating a Will or contesting a Will. These hurdles can be avoided by hiring the right attorney. Whether you have been named as an Executor or a beneficiary in a Will, the Will most likely needs to be probated. We can help you with the probate process if there is a Will, if the original has been lost or never found, or even if there is no Will at all.

The most common first step is for the executor to file a Petition for Probate in the county where the decedent lived. The executor will choose whether to file the petition in “common form” or “solemn form.” A petition filed in common form is filed without notice to any heirs or beneficiaries but is not conclusive for at least four years. A petition filed in solemn form requires notice to all heirs at law of the decedent but the executor can be discharged six months after appointment.

Once all steps are completed, the executor is sworn in under oath to become the official executor after the probate judge issues “Letters Testamentary.” The Letters Testamentary give an executor the official power to act on behalf the estate and carry out the decedent’s wishes.

Let us help you with the Probate process and schedule a consultation today!