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When a loved one passes away in the state of Georgia, their estate goes into probate. The probate court system has its own specific procedures, including forms you may use throughout the probate process if you are an executor of an estate, a beneficiary, or otherwise involved. Georgia Probate Forms may be necessary when you’re handling the probate of an estate, or other family matters such as wills and testaments or a guardianship.
A Georgia probate attorney can assist you in understanding and completing probate court forms. If you have questions, I’m here to help. There is no commitment and we provide free initial 15-minute phone calls. We look forward to meeting you.
GA Probate Court Forms
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Most GA probate court matters can be taken care of by using standard GA Probate Court Forms. The instructions and fillable pdf files are available on the Council of Probate Court Judges of Georgia site here. Simply save the file as an Adobe document, print it, and fill it in using a typewriter. Another option is to use the “Add Text” function in Adobe PDF Reader.
Georgia probate is set up to care for the clerical matters regarding property planning, inheritance, and issuing licenses for firearms and marriages. Its goal is to guarantee efficacy in non-criminal legal problems that largely consist of filing paperwork.
All crucial GA probate court forms are easily found on the net so taxpayers may have everything they require already filled out and ready to record. This, however, is not always a simple task. Probate law is very specialized and most people benefit from advice from a qualified and caring attorney, such as the counsel provided by Paul Black.
Understanding Georgia Probate Court Forms
One of the most commonly used of the Georgia Probate court forms is the Solemn Form Probate. It is used to notify any possible heirs. For inheritance purposes, not all persons notified need to be mentioned as beneficiaries in the will.
Under Georgia probate law, heirs are defined as anyone eligible to legally inherit from the estate if no will exists. It is legally binding immediately after filing.
Common Form Probate is different, as it doesn’t require notification. However, it takes four years to become valid and legally binding.
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GA Probate Forms When There Is a Will
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In some cases, even when there is a will, additional GA Probate forms are required. Where there is an executor named, but they are unable or unwilling to fulfill their duties, the Solemn Form Probate must include a Letters of Administration with Will Annexed. An Administrator C.T.A will then be nominated and approved by a majority of beneficiaries. The probate judge will appoint a guardian-ad-litem to represent the interests of minor children or incapacitated adults.
If no property is transferable under the existing will, or the estate is too small to require disbursement under GA probate law, a Will Filed Not for Probate form can be submitted free of charge. It is a complex process with many potential pitfalls, but an attorney from The Law Office of Paul Black L.L.C. can help.
Required Probate Court Forms Georgia When There Is No Will
There are many other Probate Court forms in Georgia for other circumstances. When a death is unexpected and there is no will, there are three options available to the probate court and/or executor.
- Permanent Administration: Similar in some ways to a Solemn Form Probate, this designation requires all possible heirs to be notified of a death. Unless disqualified, a surviving spouse or the next of kin will act as administrator. They can be granted additional powers by the other adult heirs.
The administrator’s duties include posting bond, creating inventories, and filing all forms. All other decisions will be made by a unanimous vote among the beneficiaries. Guardians of minor children or incapacitated adults vote on their behalf unless the guardian is one of the administrators.
- Temporary Administration: This designation doesn’t require all heirs to be notified of a death, but any heirs present will vote to decide on a temporary administrator with limited powers of attorney.
Everything else proceeds the same as with a permanent administration, except that disbursements and expenditures must have special court approval.
- No Administration Necessary: Sometimes all debts are discharged prior to a death without a will, and there is no property that falls under the jurisdiction of Georgia probate laws.
Occasionally, distribution of property can be agreed upon by the heirs and they sign an agreement regarding the division of property. When this is the case, a No Administration Necessary form can be filed. Any creditors who haven’t signed off in writing must be informed before the final agreement is signed and the probate case is closed.
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Georgia Standard Probate Forms
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It is important to familiarize yourself with the Georgia Standard Probate forms. Although many people believe there is no rush to put their affairs in order, this is simply not the case. Illnesses and accidents befall unexpecting citizens every day. Ten Reasons to Create an Estate Plan Now lists why being prepared is so important.
Georgia Probate Court Standard Forms Online
Fortunately for the residents of Georgia, Probate Court Standard Forms online are available in an easy to fill out Adobe PDF format. In fact, at this time, this is the only format in which they are offered. Adobe Acrobat Reader and access to a computer are all that is required.
Where Can You Find GA Probate Court Forms
Probate forms Georgia are available online as printable PDFs here. Although there are thorough instructions provided, these are often complex and difficult to follow for the general public. If you are unaccustomed to using a computer or do not have access to one, the assistance of a trusted probate lawyer may be necessary.
The right attorney will make sure the forms are properly filled out and filed, as well as can offer informed advice to ensure your estate is handled the way you want it. If the estate goes to the probate court, an attorney’s counsel will be invaluable.
Although you don’t have to consult with an attorney about your probate legal issue, it would be advisable. Bear in mind that petitions and all court forms have to be filed correctly, and if you decide to do it alone, you will be held to the same standard as an attorney.
Also, don’t forget that probate court staff can only give you general guidance on completing the probate forms and answer questions about how the court works. They are not allowed to advise you, tell you your options, or how exactly you should phrase information and fill in the form. Only an experienced probate court attorney can do that.
Probate Forms Georgia and Other Probate Needs
Aside from assisting with Probate forms Georgia, there are many other important decisions an experienced attorney in this field may help you navigate. These include, but are not limited to the following:
- How Do I Plan for a Child With Special Needs?
- How Much Life Insurance Do You Need?
- What Is an Irrevocable Life Insurance Trust 2?
Ultimately, the probate judge decides the validity of wills and guarantees that relevant parties are notified and are present for settling the property. The executor is the one who manages its reasonable distribution.
Not all estates will need to go through probate, and a few assets, such as houses that are jointly owned, are automatically passed to the proper heir. An estate preparation specialist, for example, Paul Black in The Law Office of Paul Black L.L.C can help. Contact him today. It’s never too early to plan your estate.
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