Probate

Decatur Probate Attorneys

Working with You to Navigate Probate

Probate is often one of the most overlooked aspects of the estate planning process—which can be a costly mistake. Probate, or the act of distributing a person's estate after they pass away, can play a vital roll in how an individual's assets and liabilities are handled once they're gone.

Understanding the probate process can give you the tools to either take the right precautions in your own estate planning affairs, or navigate a probate case you're involved in with confidence.

At Gibbs Tillery, our Decatur probate lawyers understanding Georgia estate planning inside and out.

To safeguard your legacy with a comprehensive estate plan or receive help with your estate planning case, contact us online or via phone at (404) 471-3874.

Common Legal Terms Associated with Probate

Before we begin, it's important to cover some of the common legal terms associated with the probate process. Understanding these terms can help you navigate probate more fluidly. Terms you should know include:

  • Estate. An estate includes all of a person's assets and liabilities, both tangible and intangible. Everything from real estate to vehicles to debt to silverware falls under the umbrella of the estate.
  • Decedent. A decedent is a person who has recently passed away.
  • Beneficiary. A beneficiary is someone a decedent awards assets to in their will or trust.
  • Claimant. A claimant is an individual or entity that files a claim on a decedent's estate, alleging the decedent owes them money. Claimants often come forth in probate to recoup on debts the decedent owed.
  • Last will and testament. A last will and testament plays a vital role in the estate planning process, allowing an individual to specify how they wish to allocate assets among beneficiaries once they pass away.
  • Trust. A trust is another way of distributing assets among beneficiaries, but it's different than a will. A trust has less legal power than a will (for example, a will can be used to establish Power of Attorney, while a trust cannot), but trusts have a unique interaction with probate. We'll cover that later.
  • Executor/Personal Representative (PR). The executor is the person responsible for helping the court accurately distribute a decedent's estate during probate. The executor ensures that the terms of a decedent's will or trusts are carried out to the letter and their final wishes are fulfilled. Executors are appointed by decedents, often in their will. In Georgia, executors are frequently referred to as personal representatives.
  • Administrator. If a decedent fails to appoint an executor, the court appoints an administrator to fill the executor's role. The administrator is usually someone close to the deceased, such as their immediate heir. Administrators are also referred to as personal representatives once they're appointed, so that's the term we'll use for the rest of this page.
  • Trustee. Trustees fill the same role as executors, but for trusts.

Now that we have a basis for understanding common terms associated with the probate process, let's cover how probate actually works in Georgia.

Continue Reading Read Less

What Makes Our Firm Unique?

Tenacious & Compassionate Legal Support
  • Unmatched Commitment to Our Clients' Best Interests
  • You Get Trial-Tested Advocacy in Your Corner
  • Our Firm Offers Client-Friendly Fee Arrangements
  • We Take an Individualized Approach to Every Case