Lisa Blackstone, Attorney
Now what do you do?
What is probate anyway? As if you haven’t gone through enough already…the loss…the grief…funeral details…and putting on a smile the best you can. Now you must deal with this thing called PROBATE.
Before letting all your well-intentioned friends describe the horrors of their experience administering an estate, let me give a simple explanation about the process and ease some of your fears.
Technically, probate is simply petitioning the probate court to accept the decedent’s Will as valid. The process of paying off the debts and distributing the remaining assets of the deceased is the administration process. Non-lawyers often refer to this administration as “probating the will”. But, properly, a WILL is “probated” and an ESTATE is “administered”. Nonetheless, I’ll know what you mean! Don’t worry about the semantics.
If there is a will, then you simply carry out the wishes as stated in the will. If there is no will, then you follow the laws of that state. (Listen to my video on “What Happens To Your Stuff If You Die Without A Will In Georgia“.)
This process can be very simple or very complex depending on the nature of the estate left behind and how well the decedent planned beforehand. These factors, plus your own temperament and state of mind will determine whether you need to hire an Atlanta Probate Attorney to help with the estate. Let me help you with this decision:
What is your state of mind?
Grief and loss are powerful emotional challenges and we all handle them differently. During this time, some people thrive on being as active as possible and immersing themselves in details. Others, would rather not take on more than they already have, delegating to someone else the responsibility of preparing and filing court documents. Spend some time reflecting on how you really feel. In the scheme of things, what you will recall later about this should be your family and friends sharing meaningful time together.
How complicated is the estate?
Some people plan ahead and establish contracts that handle their affairs in an easy, straightforward way. Others leave their loved ones with utter chaos to sort through. You as the executor will have to deal with either scenario. But, an attorney can be a great adviser as you go through this process. For example, you may have to file tax returns, prepare deeds, transfer titles, deal with benefit claims, creditor notices, debtor demands and even possibly disgruntled relatives.
Do you expect the heirs to argue about the estate?
If so, you may want to remove yourself from sitting in the middle of it all. When money is at stake, the very worst of human nature tends to surface. I have experienced this in my own family. When my step-father died, my step-siblings had us in a lawyer’s office 24 hours after the funeral service. It was sad.
So, as you can see, “What Is Probate?” may be a simple question. But, the answer depends on some personal evaluations.? You must determine how you want to proceed in a way that is suitable to your mental state, your capabilities at that time and the complexity of the estate.? Even if the answer to “What is Probate” is very simple, it may not be something you are up to right now.
It can be a very simple process that you are fully capable of handling yourself, depending on the factors above. In fact, you can find plenty of free, helpful information on this site that will assist you if you decide to file “pro se”, that is, without an attorney.
If, however, for whatever reasons, you simply would rather not engage in the process, call me. I will help relieve the burden. I have dealt with probate issues professionally AND personally. I understand how drained you may be at this time. I will happily take on this chore letting you focus on your surviving family members and friends.
