Probate Attorney in Lawrenceville, GA

When a Lawrenceville resident dies intestate (without a will), Gwinnett County Probate Court administers the estate under Georgia's intestacy statute, which distributes assets in a fixed order: first to a surviving spouse and children under a sharing formula, then to parents, siblings, and more distant relatives if no closer heirs exist. The court appoints an administrator (rather than an executor) who has the same authority as an executor under a will. The intestate process can be more complicated than testate administration because there is no will defining the decedent's wishes, and family members who expected to inherit may find the legal result differs from their expectation.

Opening a Gwinnett County probate estate requires filing a petition with the Probate Court at 75 Langley Drive, along with the original will (if one exists), the original death certificate, and a filing fee. The court will schedule a hearing to admit the will and appoint the executor. After appointment, the executor receives Letters Testamentary — a document from the court authorizing them to act on behalf of the estate. GA Law Group prepares all filing documents, appears at the hearing, and guides executors through every subsequent step including creditor notification, asset inventory, and the final accounting required before the estate is closed.

A Lawrenceville business owned solely by the decedent becomes a probate asset subject to Gwinnett County Probate Court administration. The executor has authority to continue operating or wind down the business during the probate period, but without clear authority documented in an operating agreement or succession plan, this decision can be contested by co-owners, employees, or family members. For businesses with ongoing operations, we work with executors to quickly establish the authority needed to continue the business, interface with vendors, customers, and banks, and develop a plan for either sale or transition to the appropriate heir. Speed matters in these situations — a business left without clear legal management during probate can lose value quickly.

Georgia recognizes holographic wills (entirely handwritten and signed by the testator) as valid under certain circumstances, but the requirements are strict: the will must be entirely in the testator's own handwriting, must be signed, and must meet Georgia's witness requirements. Georgia law requires two witnesses for a will to be self-proving — a holographic will without witnesses may still be admitted to probate, but the process requires testimony from witnesses who can attest to the testator's handwriting and mental capacity at the time of signing. Gwinnett County Probate Court applies these requirements carefully. We evaluate each document before advising whether it is likely to be admitted and what the process involves.