Simply put, “probate” refers to the court-supervised process of administering the estate of a deceased person. But there are many details that will govern what petition needs to be filed with the probate court and how your case will proceed.
The first major question is whether the Decedent had a Will or not. If there is a Will, the Decedent is said to have died “testate,” meaning “with a Will.” In this case, the original document will be offered to the Court and, once the judge signs an order admitting the Will to probate, the Executor will be responsible to administer and distribute the Estate pursuant to the terms of the Will.
If the Decedent did not have a Will, they are said to have died “intestate,” which simply means “without a Will.” In this circumstance, the heirs at law (family members in a certain order set out by Georgia law) are able to select who they want to be the Administrator of the Estate. The Administrator will serve the same role as Executor of a testate estate, but will have to distribute the Estate pursuant to laws set out by the State of Georgia, rather than the wishes of the Decedent. Most people are relieved to learn, however, that just because some passes away without a Will does not mean that their money and property go to the State; but state law does govern how the Estate will be distributed to the heirs at law.
In both testate and intestate estates, there are many details that can complicate the process and/or result in litigation: what if the family can only find a copy of the Will, not the original?; what if the family can’t agree on who will serve as Administrator?; what if there are multiple versions of a person’s Will being offered by different people? Kate Thompson, Emmett Arnold, and their team are experienced in handling all types of estates and will expertly guide you through the process.