Best Probate Lawyers in Atlanta

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Atlanta, Georgia?

  To contact the Atlanta Police Department for non-emergencies, dial 404-614-6544.

• Where can I get a copy of police reports for incidents related to my case in Atlanta, Georgia?

  You can get a copy of the police report on your Atlanta case from the Central Records Unit located at: Atlanta Public Safety Annex 3493 Donald Lee Hollowell Pkwy NW Atlanta, GA, 30331

• How does the probate process work in Atlanta?

  If someone in Atlanta passes away and leaves a will, the legal procedure known as probate initiates. The process begins by filing the will at the local probate court and designating an executor. The executor's duties include:

  • Gathering the decedent's assets.
  • Settling any unpaid debts and taxes.
  • Distributing the remaining assets to the beneficiaries named in the will. The probate process usually takes around a year to conclude in Atlanta.

• Is probate always required in Atlanta?

  No, probate isn't always mandated in Atlanta. The need for probate hinges on factors such as sole ownership of assets by the deceased without any designated beneficiary or if the estate is the named beneficiary. If assets are contained within a revocable living trust, probate becomes unnecessary. Georgia Code Section 53-2-1 allows probate to be avoided if all heirs and creditors agree to an estate distribution plan, mainly when there's no will.

• For property owners in Atlanta, several measures can help avoid probate. Establishing a revocable living trust allows transferring assets into the trust and assigning a beneficiary for post-death inheritance. Alternatively, implementing joint tenancy ensures equal ownership of assets that automatically passes to the remaining owner upon death, negating probate. Finally, one can also name a beneficiary outside of the will.

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• How do individuals in Atlanta with most of their wealth in bank accounts avoid probate after their death?

  Individuals in Atlanta with a large portion of their wealth in bank holdings or certificates of deposit might find a Payable On Death (POD) account an advantageous alternative to setting up trusts. This legally recognized account enables one to name a beneficiary who assumes direct control of the funds upon the account holder's demise, thus avoiding the probate court process. This strategy provides a more uncomplicated pathway for asset transfer in Atlanta.

• If an individual living in Atlanta owned property in another state at the time of their passing, what steps must their executor take to handle probate?

  For Atlanta residents with real estate holdings outside Georgia, ancillary probate is necessary. The estate's executor initiates probate in Georgia, the deceased's domicile, and commences an additional proceeding in the state where the out-of-state property resides. The executor can appear in the out-of-state court directly or seek legal assistance. Though probate courts often collaborate, issues can arise if the initial court rejects the will or the executor's authority.