How Long Does the Georgia Probate Process Take?
Two of the most common questions every estates and trust lawyer in the state of Georgia is asked are;
- How long does the Georgia probate process take? And;
- When will I receive my share of the assets from my loved one's estate?
There are a number of factors that contribute to the answersto these questions, so the answers aren't always easy to answer. For example, the speed is partly dependent on how fast the petition for letters testamentary or administration can be completed and filed with a Georgia probate court. It is also dependent on how quickly that court can evaluate the estate and issue a ruling on the case.
That said, the probate process in Georgia can be expected to take anywhere from at least about six months to as much as a few years. Therefore, those who are expecting a quick resolution and distribution of assets are probably going to be disappointed. Therefore, when a loved one passes away, you should take into account a few things. The first is to prepare yourself for a long wait, so that you'll be pleasantly surprised if the estate is closed more quickly than expected. The second is to keep in mind that fighting, complaining, disputes and litigation only serve to bog the process down, and the longer probate will take to resolve.
Put simply, be patient.
Once the required petition is filed in Georgia probate court, objections, or "caveats" to the petition can be submitted during a set period of time. If caveats are filed, at least one hearing will usually be required, and that can delay the proceedings. If there are no caveats and the probate court is satisfied that the petition was carefully drafted and properly filed, will order that the estate be opened, and/or allow estate administration to begin.
Many things can slow down the Georgia probate process. For one thing, where beneficiaries live can add a significant time to the process, because documents often have to be moved back and forth between several states to be signed. The number of beneficiaries also matters, because the larger the number, the greater the chance of disagreement. Some beneficiaries, especially those with a lot at stake, will hire their own lawyers, which can add to the time needed to resolve issues.
And then there is the possibility of a will contest, which can greatly extend probate proceedings. A will contest has to do with challenging the validity of the decedent's Last Will and Testament. In Georgia, anyone can challenge the validity of the decedent’s will. Even when someone makes a bogus claim, the court is required to investigate each claim thoroughly, and the probate process grinds to a halt at that point.
Sometimes, the probate process can take more time because of the complexity of the estate. Before they can be distributed, estate assets must be identified, located, and inventoried by the administrator or executor. While bank accounts and family homes can be processed fairly quickly, in some cases, business assets can often be difficult to assess. In some cases, offshore investments are involved, and can take more time, to locate and inventory for distribution.
The above is a major reason why hiring an experienced Georgia estates and trusts lawyer like Stephen M. Scriber to help you through the process could be the best investment you ever make. By making sure all of your assets are easy to identify and locate, and that your best interests are protected, the right expert can make the probate process much easier for your loved ones at the end. They will be stressed out enough; why make the situation more difficult?
