Losing a loved one is never easy. Neither is dealing with their final affairs amid your grief. As you try to navigate a world without your loved one, the probate process may leave you feeling unable to move forward. You may wonder, How long does the probate process take in Georgia?
Unfortunately, there is no easy answer. Probate can take as little as a few months and as long as several years, depending on how quickly administration begins, how complicated the estate is, and whether anyone challenges the process.
If you need assistance probating a loved one’s estate, contact Blasingame, Burch, Garrard & Ashley, P.C. (BBGA). Our team is well-versed in many areas of the law, including probate and estate planning, and can offer our compassionate, dedicated support.
Please contact us online or call (706) 354-4000 today to learn how we can help you.
What Are the Steps in the Georgia Probate Process?
Probate is the process through which you manage a decedent’s estate. You resolve their final affairs, paying off debts and distributing assets.
When the decedent leaves behind a will, they die testate. When they leave no will, they die intestate.
With slight variations between testate or intestate proceedings, the steps in the probate process include:
- Opening the decedent’s estate,
- Appointing a personal representative,
- Identifying legal heirs,
- Inventorying assets and liabilities,
- Notifying interested parties,
- Probating the will,
- Satisfying legitimate debts,
- Distributing assets, and
- Closing the estate.
Each of these steps offers potential delays.
Opening the Estate
If the decedent designated an executor willing and able to serve, they must bring the will to probate court “with reasonable promptness” to begin the probate process. Otherwise, another interested person must notify the probate court about the decedent’s death to start the process.
Appointing a Personal Representative
The probate court must appoint the estate’s personal representative. Generally, the court appoints someone designated executor. If no executor is designated, someone may volunteer to serve. Multiple people may request the appointment, potentially requiring the court to hold an evidentiary hearing.
After the court selects the representative, it may request they pay a bond. Then, the appointed person takes an oath promising to faithfully perform their duties, making them a fiduciary to the estate and its heirs or beneficiaries. Finally, the court issues letters of administration or letters testamentary to make the appointment official.
Identifying Heirs
The personal representative must identify the decedent’s heirs based on Georgia law.
The decedent’s potential heirs include their surviving:
- Spouse,
- Descendants,
- Parents,
- Siblings and their descendants, and
- Grandparents and their descendants.
In intestate succession cases, the heirs directly receive the decedent’s property. The decedent’s legal heirs can still play a role in testate estates. For example, the heirs may take property if the will is found invalid or the will does not dispose of all property.
Inventorying Assets and Liabilities
The representative must also inventory the decedent’s assets and liabilities. Again, this process is essential in intestate cases, where no will exists to provide a basic inventory. However, a representative in a testate case may still need to complete an inventory to ensure all the decedent’s assets are accounted for.
Notifying Interested Parties
Interested parties—those with an interest in the estate—include:
- Heirs,
- Current and previous will beneficiaries, and
- Creditors.
The personal representative must notify non-creditor parties about the probate action within 30 days of their appointment and creditors within 60 days.
Probating the Will
Although the entire process is “probate,” the word probate also more narrowly refers to determining a will’s validity.
Interested parties commonly challenge wills based on:
- Improper execution,
- Lack of testamentary capacity, and
- Undue influence.
Will challenges typically involve presenting evidence at a court hearing.
Satisfying Debts
The representative is tasked with determining whether creditors’ claims are legitimate. If the representative accepts a claim, they pay the creditors out of the estate. If the representative rejects a claim, the creditor may attempt to prove the debt is valid in a court hearing.
Distributing Assets
After debts are paid, the representative distributes assets. Depending on the estate, this can be a lengthy process. For example, the representative may have to sell property before they can distribute assets.
This process can also be complicated by disputes over who gets what specific assets, especially when the will was not specific or there was no will. Even when the will leaves particular instructions, some beneficiaries may disagree and attempt to argue for a different distribution. Even if they do not have valid legal grounds to argue, this can lengthen the process.
Closing the Estate
Finally, once no property remains in the estate, the representative asks the court to close it. The court confirms that the administration is complete, returns any bond paid, and closes the estate. The administrator also typically receives a fee for their work.
How Long Does It Take to Probate a Will in Georgia?
Many factors may affect the timeline to probate a will, including:
- How easy the will is to find,
- The will’s accuracy and completeness,
- What debts the decedent had,
- How organized the property is,
- How complicated the estate is,
- How soon probate is initiated, and
- Whether anyone contests the will.
The process may take a year or less if the will is straightforward, complete, and uncomplicated. However, the process often takes much longer.
How Long Does Probate Take in Georgia If There Is No Will?
Similarly, the timeline for probate without a will depends on the circumstances, like:
- How organized the property is,
- How complicated the estate is,
- What debts the decedent had,
- How difficult or easy heirs are to locate, and
- How soon probate is initiated.
A small estate with a single heir may be opened and closed in a few months. Again, the process can take much longer if this is not the case.
Speak with a Georgia Probate Lawyer
If you are concerned about the timeline for closing your loved one’s estate, please reach us online or call (706) 354-4000 today. Our team has years of experience in probate law and the benefit of strong relationships with other lawyers, judges, and the community. Our knowledge and connections allow us unique insights into how long to expect probate to take and, when necessary, how to speed up the process.
Frequently Asked Questions (FAQs)
How Long Do You Have to File Probate After Death in Georgia?
There is no specific timeline you must file to begin probate. However, you must bring a will to court within five years of someone being appointed as a personal representative.
How Long Does an Executor Have to Settle an Estate in Georgia?
After the executor is appointed, they must bring the will to court within five years. The executor owes fiduciary obligations to the beneficiaries and must settle the estate within a reasonable time.
Georgia Probate Checklist:
- Locate the will, if any
- Open the estate
- Appoint a representative
- Identify heirs
- Inventory assets and liabilities
- Notify interested parties
- Probate will
- Satisfy debts
- Distribute assets
- Close estate
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