Estate Administration involves gathering the assets of the estate of someone who died, paying their debts, and distributing the assets that remain in the estate. In general, the laws of the state where the person lived at the time of their death govern the distribution of the estate. In situations where real property is owned outside the state of death, it may also be necessary to file for probate in the state where that property is located (ancillary probate). We stand ready to advise and represent you in all aspects of estate administration from petitions for year’s support, probate, and administration of estates.

Under the Georgia Probate Code, under certain conditions the family of a decedent is entitled to provision of a year’s support as an expense of estate administration preferred before all other debts. Both the surviving spouse and minor children are entitled to property from the estate for their support and maintenance for the 12 month period following the decedent’s date of death.

Probate is the process of establishing or authenticating a will after death. Through the process of probate, the court issues “Letters Testamentary” to the Executor (person in charge of carrying out the instructions of the Will). The Executor can then begin to administer the estate. The Probate Court serves as a forum for disputes regarding the estate and to be sure the Executor does their job correctly.

If someone dies without a will and owns property, it may be necessary to petition the probate court to appoint an administrator. The administrator will be responsible for distributing the decedent’s property to the heirs in accordance with the laws of the state.