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What Does a Probate Lawyer in Georgia do? Hi, I'm Marietta probate lawyer, Steve Worrall.
Come join me, please, and find out! Usually, most folks aren't aware of what a
probate lawyer does until they need one, AFTER a family member has died and help is needed
immediately. But it's a great idea to hire a probate lawyer BEFORE you actually "need"
his or her services so things can go as smoothly as possible when it comes to taking an estate
through the probate process. The probate lawyer's job is to help families
as their loved one's estate works its way through the probate court system so the property
can be distributed properly. There are several steps that the court must go through to open,
administer and close an estate, and the attorney makes sure everything is started and followed
through on, as these steps are being followed through to completion.
Some basics of probate include: • Validating the will
• Creating an inventory of assets • Getting appropriate appraisals for assets
• Creating a list of debts • Paying debts AND
• Dispersing the remaining property according to the will
If the loved one had no will, the estate is said to be "intestate," and the court will
have even more say in what becomes of the decedent's property.
Not every estate needs a probate lawyer. Some families have placed their assets into trusts
that don't go through the probate process. Some wills are simple and easy to execute,
such as where there are little to no debts and common property is left to a surviving
spouse alone. In other cases, though, hiring a probate lawyer
will simplify the process for everyone involved and will most likely save the estate a fair
amount of money. That's because the attorney can implement strategies to help lower some
of the costs and reduce the taxes that must be paid.
He or she can also become an objective outside party who can assist the executor of the will
where family tensions run high. Along those same lines, if someone with a legal or financial
interest in the estate wants to contest the will, it makes sense to have a probate attorney
working to make sure the decedent's wishes are carried out to the best of the court's
ability. Finally, it can be a good idea to involve
a probate lawyer where an individual has a terminal illness. The attorney can help that
person to get their affairs in order by drawing up a will and understanding first-hand what
the person wants for the estate. There are many tasks that the probate lawyer
will perform for the estate such as: • Filing documents with the court
• Creating lists of assets • Placing legal notices in newspapers
• Contacting creditors AND • Making sure taxes are paid on the estate
A good probate lawyer will keep current on relevant laws as they change and will work
to help the clients and heirs follow all of the right procedures while doing their best
to protect their interests.