For many families that are handling the loss of a loved one, the idea of dealing with probate court may feel overwhelming. It is likely that loved ones need the assets in the estate to pay bills and maintain their standard of living. Probate court can be complex at times, however, with the right fiduciary by your side who understands and follows the rules for probate court in Georgia, the process can be one that is simple and painless.
If you find yourself in a dispute with your fiduciary about an estate in probate, seek out a trusted estate litigation attorney. The attorneys at Gaslowitz Frankel are nationally recognized litigators who focus primarily on fiduciary disputes.
Read below to read about common ways that fiduciaries may fail to fulfill their duties during the probate process.
Related Article: What to Consider Before You Probate a Will
What are the Rules for Probate in Georgia?
Georgia law requires that administrators pay the decedent’s creditors before assets are distributed to the potential beneficiaries.
If the decedent died without executing a will and/or nominating an executor the probate court will appoint someone to administer the estate. That person may be nominated by agreement of all of the heirs or chosen by the probate court.
Tasks that must be performed by the fiduciary during the probate process include alerting heirs and beneficiaries, publishing notice to creditors, inventorying and appraising assets, paying debts, accounting for their actions as fiduciaries, and finally, distributing to the heirs and/or beneficiaries. Assets in the estate are distributed according to the Will. If there is no Will, then the assets are distributed according to the terms set out in Georgia law.
The timeline of probate depends on the complexity of the estate and how many steps may have been completed before the decedent’s death. It is not unreasonable for an estate to be in probate for months or years.
Types of Assets that Don’t Need to Go Through Probate Court
Not every asset owned by the decedent is a probate asset. During the probate process (before probate assets have been distributed) beneficiaries may be able to avail themselves of assets that pass outside of the probate estate – usually immediately after the decedent’s death. These include:
- Assets in a Living Trust
- Assets Jointly Owned
- Assets Payable Upon Death
When Should I Seek Out an Estate Litigator?
If your fiduciary fails to comply with the duties imposed on them by law, you may have cause to assert a claim against them in probate court. Common breaches of fiduciary duty include failure to account, and failure to timely complete administration of the estate, among other things.
If you find yourself embroiled in a dispute over a will or trust, reach out to the experienced legal team at Gaslowitz Frankel. We’ve been successfully litigating estate and trust disputes for more than three decades.
