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Home/Practice Areas/Estate Planning/Probate Administration

Guiding Georgia executors through the probate process efficiently and correctly.

Probate can be complex and time-consuming. Our attorneys help executors and administrators fulfill their duties without errors that create personal liability.

Executor Representation Estate Administration Creditor Claims Asset Distribution
What We Do

Probate Administration Services

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia by guiding executors and administrators through every step of the Georgia probate process.

Core Service

Executor & Administrator Representation

When someone passes away, their executor (if there is a will) or administrator (if there is no will) is personally responsible for properly settling the estate. This involves filing the will with the probate court, obtaining Letters Testamentary, inventorying assets, notifying creditors, paying valid debts, and ultimately distributing the estate to heirs. We represent executors and administrators throughout this process, minimizing their personal liability and ensuring compliance with Georgia law.
Core Service

Creditor Claims & Debt Resolution

One of the most complex aspects of probate is identifying, evaluating, and responding to creditor claims against an estate. Georgia law requires executors to provide notice to creditors and establishes deadlines within which claims must be filed. We help executors determine which claims are valid, negotiate disputed claims, and ensure debts are paid in the proper order — protecting heirs from liability and the executor from personal exposure.
Core Service

Asset Inventory & Distribution

A critical executor duty is taking inventory of all estate assets — bank accounts, real property, investments, personal property, and business interests — and determining their fair market value. After debts and taxes are paid, remaining assets must be distributed according to the will or Georgia's intestacy laws. We guide executors through this process, prepare the required accountings, and ensure distributions are made correctly and documented properly.
The Process

How probate works in Georgia

Georgia probate is administered through the Probate Court in each county. The process follows a defined sequence of steps that typically takes six months to two years depending on estate complexity.

Process Step

Filing & Appointment

The process begins by filing the will and a petition for probate in the county probate court where the decedent resided. The court admits the will to probate and issues Letters Testamentary to the executor, granting them legal authority to act on behalf of the estate. For intestate estates, the court issues Letters of Administration to the administrator. We prepare all required filings and represent you at any necessary court hearings.
Process Step

Inventory, Notice & Claims

Once appointed, the executor must identify and inventory all estate assets, publish notice to creditors as required by Georgia law, and manage incoming creditor claims during the statutory claims period. This phase requires careful record-keeping and attention to deadlines — missing a step can expose the executor to personal liability. We manage this entire process on your behalf.
Process Step

Closing & Distribution

After debts, taxes, and administrative expenses are paid, the remaining estate assets are distributed to the beneficiaries named in the will or designated by Georgia's intestacy laws. The executor files a final accounting with the probate court, obtains receipts from beneficiaries, and petitions the court to close the estate. We prepare all closing documents and ensure the estate is properly wound up.
Related Practice Areas
Estate Planning Overview Wills & Testaments Trust Planning Powers of Attorney
Free Guide

The Georgia estate planning & probate guide

Our plain-language guide explains the entire probate process — what executors must do, in what order, and how to avoid the most common mistakes.

We respect your privacy. No spam, ever.

Service Area

Serving Hall County, Gwinnett County & Northeast Georgia

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia — providing accessible, high-quality legal representation close to home.

Hall County

  • Gainesville
  • Flowery Branch
  • Oakwood

Jackson County

  • Braselton
  • Jefferson
  • Commerce
  • Hoschton

Gwinnett County

  • Peachtree Corners
  • Lawrenceville
  • Duluth
  • Sugar Hill
  • Buford

Banks County

  • Homer
  • Maysville
  • Baldwin
  • Alto
FAQ

Common questions about Georgia probate

Answers to the questions we hear most from executors and families in Gainesville, Commerce, Lawrenceville, and across Northeast Georgia.

How long does probate take in Georgia?

Simple estates with no disputes or complex assets can be closed in six to twelve months. Contested estates, those with business interests, or those with creditor disputes can take two years or more. Georgia also allows a simplified "No Administration Necessary" process for small estates that qualify, which can be completed much faster. We assess your situation and recommend the most efficient path forward.

Can the executor be held personally liable?

Yes. An executor who distributes estate assets to heirs before paying valid creditor claims, or who fails to follow the proper probate procedures, can be held personally liable for the resulting harm. Engaging an attorney to guide the administration process is the most effective way to protect yourself from personal exposure while fulfilling your duties to the estate.

What assets do not go through probate?

Assets that pass outside of probate include: jointly held property with right of survivorship, assets with designated beneficiaries (life insurance, IRAs, 401(k)s, payable-on-death accounts), and assets held in a living trust. These assets transfer directly to the surviving owner or beneficiary without going through the probate court, which is one reason estate planning can significantly simplify the administration process for your family.

What if someone contests the will?

A will contest in Georgia must be filed in the probate court and can be based on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Will contests significantly extend the probate process and can be costly. We represent both executors defending the validity of the will and heirs who have legitimate grounds to challenge it.

Named an executor? Let us guide you through Georgia probate.

Serving Hall County, Jackson County, Gwinnett County, Banks County, and all of Northeast Georgia — including Gainesville, Flowery Branch, Oakwood, Braselton, Jefferson, Commerce, Lawrenceville, Duluth, Homer, and Maysville.

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