Marietta Estate Administration Attorney
The death of a loved one is an extremely difficult time for any family. Opening and administering an estate is an onerous task during such a stressful time. At Chan Law Firm LLC, we have extensive experience working closely with families to efficiently administer estates and deal with creditors, if necessary. Ophelia Chan, our founding attorney, brings more than 24 years of experience to the table. Our Marietta-based team can make recommendations on the different types of pleadings to file with the probate court based on your specific needs, and we can prepare those filings for you.
Our Marietta Estate Administration Services
We can assist with:
- Assets and debts in estate administration: We help with the proper management of assets and debts, ensuring fair distribution to beneficiaries.
- Estate administrator duties: Assisting the estate administrator, who is responsible for managing and distributing the deceased’s assets.
- Administering complex estates: Handling complex estates, including financial portfolios and disputes among beneficiaries.
Our firm also counsels families on alternatives to opening an estate, if such an option is available. During this difficult time, we can help alleviate the stress of dealing with the courts, handling creditors, and distributing the estate among heirs and beneficiaries.
If you have an estate to administer and are running into problems, we can step in to help you at any time.
Frequently Asked Questions About Georgia Estate Administration Laws
When dealing with the loss of a loved one, questions about handling their estate often come up. This FAQ section covers some of the most common concerns about probate and estate administration in Marietta.
How is estate administration different from probate?
While often used interchangeably, these two terms are not the same:
- Probate is the legal process used to validate a will (if there is one) and officially recognize an executor or administrator to settle the estate.
- Estate administration is the broader process of gathering assets, paying debts and distributing property, whether or not a will exists.
In short, probate is one part of estate administration, but not every estate needs to go through formal probate, especially if assets were jointly owned or placed in a trust.
What are the responsibilities of an executor or administrator?
If you are named the executor (in a will) or appointed as administrator (if there is no will), your job is to manage and settle the deceased’s estate. This includes:
- Filing paperwork with the probate court in Cobb County
- Locating and valuing the deceased’s assets
- Notifying creditors and paying off debts
- Filing final income tax returns
- Distributing property to heirs or beneficiaries
These duties have legal consequences upon failure, so staying organized and meeting deadlines is important.
What happens if the assets cannot cover the debts?
This state is known as an insolvent estate. In Georgia, when an estate does not have enough to pay all its debts, creditors are paid in a specific order of priority:
- Funeral and administrative expenses
- Taxes owed to the state or federal government
- Medical bills from the deceased’s last illness
- Credit card debt and personal loans (paid last, if at all)
Beneficiaries may receive little to nothing if debts exceed assets. Importantly, heirs are not responsible for covering unpaid estate debts out of their own pockets.
Who can serve as an executor or administrator?
To serve in this role, an individual must be:
- At least 18 years old
- Of sound mind
- Not a convicted felon
- A resident of Georgia or have a resident agent appointed to act on their behalf
- Able to understand and carry out their duties
The court may also consider other factors, such as the individual’s relationship to the deceased and their ability to manage the estate’s assets.
How does intestate succession work in Georgia?
When someone dies and they do not have a will, the state distributes their assets according to Georgia’s intestate succession laws. For example:
- The spouse receives the entire estate if there are no children or other descendants.
- If there are children, the spouse receives one-third of the estate, and the children divide the remaining two-thirds equally.
- If there is no spouse, the children inherit the entire estate.
- If there are no children or other biological descendants, the estate will go to the parents, siblings, or other relatives in a specific order.
The laws of intestate succession can be complex, so it’s essential to consult with a probate attorney to understand how assets will be distributed.
What should I bring to my first meeting with a probate attorney?
When meeting with a probate attorney for the first time, bring all relevant documents and information. These may include:
- The original will
- Death certificates
- Financial statements
- Lists of assets
Additionally, bring information about the deceased person’s debts, creditors and any ongoing lawsuits. If you are the executor or administrator, bring any relevant court documents, such as letters testamentary or letters of administration. Finally, be prepared to discuss your goals and concerns regarding the estate administration process.
Do I need a lawyer to handle probate in Marietta?
While Georgia law does not require you to hire an attorney, probate can be complex, especially if the estate involves real estate, disputes or unclear debts. A local probate lawyer can:
- Help you avoid costly mistakes
- Help make sure all legal filings are done correctly
- Represent you in court if any issues arise
Working with someone familiar with Cobb County’s probate court system can make the process much smoother and less stressful.
How long does the probate process take in Marietta?
The probate process’s length depends on the estate’s size and complexity. In Marietta and across Cobb County, straightforward cases may wrap up in as little as six to nine months.
However, complicated estates like those involving disputes or missing documents can take a year or more. Timelines can also be affected by how quickly the executor handles required tasks and how busy the probate court is.
Contact Our Estate Administration Attorney
To make an appointment, please call us in Marietta at 678-894-7917 or contact us by email. Our team advises and represents clients throughout the Metro Atlanta area.