Probate Attorney in Buford, GA

A straightforward estate usually takes six to nine months at minimum because of the creditor notice period, and processing in Gwinnett's busy court often stretches uncontested matters to a year or more. Estates with business interests, disputed debts, or family disagreements can take two years or more.

To open an estate in Gwinnett County, you need: the original will (if one exists; Georgia courts require the original, not a copy), at least four certified copies of the death certificate, the decedent's full legal name and last known address, the identity of all heirs and beneficiaries, and a general description of the estate assets. The personal representative petitions the court to be formally appointed and to have the will admitted to probate. Gwinnett County Probate Court has specific forms and procedures, including publication of the notice to creditors in the county's official legal organ, the Gwinnett Daily Post. Filing errors at the opening stage are the most common cause of early delays.

Lake Lanier docks are governed by U.S. Army Corps of Engineers permits, which are federal licenses rather than deeded property rights, so the permit itself is not a typical probate asset. However, the dock permit's value is inseparable from the waterfront property, and its status must be addressed during estate administration. The Corps requires the new owner (whether a beneficiary or buyer) to apply for a new permit after the prior permit holder's death. The personal representative should contact the Corps early, alongside the probate proceedings, so the dock's permit status does not hurt the property's value or a pending sale.

Yes. If the will does not give the personal representative power to sell, the sale requires court approval. A personal representative with "full powers" under Georgia law can typically sell real estate without court approval for each individual sale. If the will is more restrictive, or if heirs object to the sale, the court must approve the transaction. When court approval is needed, buyers and agents should expect the sale to take longer to close.