What is a Probate Estate?
What is a probate estate? Does every person who passes away have an estate, or do only those people who have a lot of property have an estate? We’ll cover these questions and more in today’s article. My name is…
What does a no contest clause mean in a will?
What is a No Contest Clause? A no contest clause (also called an in terrorem clause) in a will is something to be taken seriously. A typical no contest clause will state that if the will is challenged, then the…
If There Is a Trust, Is Probate Required to Receive an Inheritance?
Wills and trusts are two different ways someone can receive an inheritance. These can be used independently or together. What does Georgia probate law say when the deceased leaves both a will and a trust? Is probate required to receive an…
What Happens When an Heir Dies While an Estate Is Still in Probate?
When someone who is an heir or a beneficiary of an estate dies while that estate is still pending, Georgia probate law says that the property that was supposed to go to that person will be inherited that person’s estate…
What is a Probate Inventory in Georgia?
What is a probate inventory? Once you become appointed as executor or administrator of an estate, you may be required to file an initial inventory and ongoing annual returns. This is an area that trips up a lot of personal…
How Does a Probate Bond Work In Georgia?
If you’re handling an estate, you may be required to obtain a bond before the probate court will allow you to serve as executor or administrator. But, how does a probate bond work and who pays for a probate bond?…
I just received a petition for discharge of personal representative. Should I be concerned?
A petition for discharge of personal representative is something to take very seriously. This petition asks the court to release the personal representative of his or her duties to the estate. As a result, it can have serious consequences. Most…
What if the wrong person is trying to become administrator of the estate?
Who becomes the administrator? It happens all too often. A family member passes away and after the funeral, thoughts turn to probate and settling the estate. Someone takes charge and decides that they are the right person to be the…
What happens when you only have a copy of a will?
Is a copy of a will valid? Can you file it for probate? It can be a complicated decision when deciding how to proceed with probating an estate, when you either only have a copy of a Will or you…
Probate Bonds, Inventories, & Powers
We’re going to talk about three things in the estate process, and these three things are going to have a large impact on how complicated the estate is, how expensive it is, and how long it takes. My name is…
The Georgia Probate Process: Three Phases of an Estate
I have an important topic to talk to you about today: The three phases that every estate goes through in the Georgia probate process. After reading about these phases, you’ll have an overview of the steps to probate a will…
A founder dies, but the business documents are not clear on who is the owner.
Today’s probate law question comes from Atlanta, Georgia. What happens when a business is started by a father and son, the father dies, but the business documents are not clear about whether the son owns any part of the business?…
