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Estate Administration & Probate Archives

Understanding your role as an executor in estate administration

Being chosen as an executor is both a privilege and a responsibility. The fact that a loved one decided that you were the best person to undertake the estate administration duties after his or her death may have felt like a honor, but you also need to understand what it will entail. Fortunately, you do not have to fulfill your duties alone as you go through the Georgia probate process.

Appointing a guardian for a minor child during probate

When making out a will, most Georgia parents appoint one or more individuals to care for their children after death. Of course, if the other parent survives, he or she would most likely continue to parent the children unless found to be unfit, uninterested or otherwise unable to serve their best interests. If there is any question regarding this issue, it can be dealt with during the probate.

Can you avoid probate if your loved one had no will?

When a Georgia resident dies without leaving behind a last will and testament, surviving families may have to seek the court's assistance in reconciling the estate. Then again, that may not be necessary. It might be possible to avoid a lengthy and time-consuming probate process if everyone can get along.

What if the will is contested during probate? Who has standing?

Perhaps you were appointed as the executor of a Georgia resident's estate. That person has died, and you have begun the probate process. Now, you hear that someone wants to contest the will. First, you need to know that not just anyone can file an objection to the last will and testament. The person filing the objection must somehow be affected by the current will.

Planning dictates estate administration

When a Georgia resident dies without leaving some documented instructions regarding the disposition of his or her estate, surviving family members could encounter difficulties when it comes to the probate process. This happens more often than people realize because over half of the country's population does not even have a will. An individual's planning -- or lack thereof -- dictates how estate administration proceeds, so it may be beneficial to consider what kinds of challenges are left for family members after death.

A will could simplify estate administration for family members

Most Georgia residents have heard that they need a will, yet only about 50 percent of Americans have one. Reasons for this vary, but some of the most popular seem to be that individuals do not want to discuss their own demise, have not found the time or believe that they are too young to worry about it. The problem is that no one knows exactly when he or she may pass away, and leaving family members without some instructions regarding the distribution of property could unnecessarily complicate the estate administration process.

Including certain things in a will could complicate probate

That statement may seem contrary to what most Georgia residents hear when it comes to estate planning. However, there are certain issues and assets that should not be covered in a last will and testament. Doing so would more than likely cause unnecessary complications to the probate process.

Prepare for probate even if under the age of 40

Many people in Georgia may still be under the impression that estate planning is not really necessary until at least the age of 40. The truth is that any adult could benefit from estate planning since anything can happen to anyone at any time. Without any estate planning at all, the probate process becomes more of a challenge to the loved ones left behind.

Preparing for estate administration with no obvious heirs

Just because a Georgia resident does not have a spouse or children does not mean that estate planning can be skipped. In fact, some would say that the need is more urgent. Without any immediate family to inherit an individual's assets, they could end up with the state if no other heirs can be found. Someone would need to handle the estate administration regardless of whether a will exists, and that person's job becomes more of a challenge. 

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The Bowden Spratt Law Firm, P.C.
191 Peachtree Street NE, Suite 4400
Atlanta, GA 30303
Toll Free: 877-920-1051
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