File will court

If someone knowingly fails to file a will for their own financial gain, he or she could face criminal charges for intent to conceal the will. With careful estate planning, it is possible to avoid the probate process.

But Georgia still requires the will to be filed with the probate court. This is especially important if you are planning to distribute property or assets.

If you have additional questions about probate, please contact Siedentopf Law at or via our online form. Excerpts and links may be used, provided that full and clear credit is given to Siedentopf Law and EstateLawAtlanta. Atlanta estate planning items like health directives, wills, trusts and more can be overwhelming and confusing. Filing a Will vs. Opening Probate To begin, it is important to note that there is a difference between filing a will and filing a will for the purpose of opening probate.

You will also need to pay the notary public a small fee for their role in this process. Before you can file your petition for probate and the will, you must find out the fee.

Courts to determine the fee, which can vary from one district or county to the next. Before you go to the court with the money and form, you should make a copy of the documents for your own records. Give it to them and ask them to stamp a second copy for your records. This stamp will show the date and time you filed the petition to ensure you met any requirements of the state. When you take this step, you may also have to file a bond with the court.

This is a payment to cover your services and protect the estate from bad actions of the executor. Once the petition for probate is filed with the court, a hearing may be scheduled where the court will approve a chosen executor or appoint someone to act on behalf of the estate. However, nothing else can be done until the petition is filed. If you fail to file the petition in a timely manner, you could be compelled to do so by the court. Another interested party could object to you acting as executor, which will also have to be resolved by the court.

However, the issue cannot be resolved until the petition is filed with the court with the supporting documents. There is no obligation. Your credit history does not matter, and there are no hidden fees. This is not a loan, as we are paid directly out of the estate, and the remainder of your inheritance goes straight to you. If your probate case does not pay, then you owe us nothing. You can use the advance for anything you need, and we take all the risk. What Happens After Probate is Closed?

Funeral expenses must also be paid. If there is not enough cash on hand to pay all creditors, the executor or personal representative can sell the estate's assets to obtain the funds needed to pay off the debts. Once all of the creditors have been paid, the executor or personal representative distributes the remaining assets according to the testator's wishes if there is a will, or according to state intestacy statutes if there is no will.

This may require formal ownership transfers via deeds or titles for things like real property and vehicles. If the will requires establishing a trust, the executor must set one up according to the instructions included in the will. A final accounting of the estate must be provided to the court, detailing all of the assets and debts and how the property was distributed.

The entire probate process can take a few months to a year or longer , depending on the estate's complexity and the court's calendar. Successfully wrapping up an estate through probate requires attention to detail and a methodical approach to the steps involved. Contents 3 min read.

Brette Sember, J. Last Wills. With careful planning, probate can sometimes be avoided. Still, probate doesn't have to be a scary process. Determining whether an estate has assets that are not subject to probate can save you time and money. Here are several types of assets that qualify as non-probate assets. Estate Planning Basics. By drafting a living trust, designating beneficiaries, and holding property jointly, you may be able to avoid probate. Whether you're an executor, administrator, or heir to a probate estate, you probably want to know—just how long is this going to take?

Read on. You want to make sure you have all your assets covered, but did you know that not all property can be bequeathed through a last will and testament? The executorship of a will comes with a lot of responsibilities and duties. Here are the basics so you'll know what to expect.