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), a certified death certificate, and the filing fee. The court then admits the will and appoints the executor, holding a hearing only if one is required. The executor receives Letters Testamentary, the court document authorizing them to act for 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 can continue operating or wind down the business, but without clear authority in an operating agreement or succession plan, co-owners or family members may contest that decision. 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, because a business without clear management during probate can lose value quickly.

Only if it was properly witnessed. Georgia does not recognize unwitnessed handwritten (holographic) wills. A handwritten will is valid only if the testator signed it and two competent witnesses also signed it (O.C.G.A. § 53-4-20). If the will was witnessed, it can be offered for probate like any other will, and if the witnesses also signed a self-proving affidavit, they will not need to testify. If it was not witnessed, the estate will likely pass under an earlier valid will or under the intestacy statute. We review the document and explain the options.