Probate Litigation Attorneys Serving Florida and Georgia
We pursue resolution before we pursue litigation — in either state.
What Probate Administration Actually Involves
Probate administration is the court-supervised process of settling a deceased person's estate — collecting assets, paying debts, and distributing what remains to the people entitled to receive it. The process differs in detail between Florida and Georgia, but the structure is similar: open the estate with the court, identify and inventory assets, notify creditors and heirs, resolve claims, and close.
The personal representative — called an executor when named in a will — is responsible for managing this process under court supervision. That responsibility carries legal weight. A personal representative who mismanages estate assets, pays improper claims, or distributes assets before creditor claims are resolved can be held personally liable to beneficiaries under Georgia law.
An attorney does not replace the personal representative. They guide the process, prepare the filings, and make sure the executor's decisions hold up to scrutiny.
How Probate Administration Works in Georgia
Step 1:
File the petition and admit the will
The personal representative files a petition in the Probate Court of the county where the deceased resided. If there is a will, it must be admitted to probate and the personal representative formally appointed. The court issues letters testamentary — the legal document authorizing the executor to act on behalf of the estate.
Step 2:
Notify heirs and creditors
Georgia law requires formal notice to heirs and beneficiaries named in the will, and publication of notice to creditors. Creditors have a limited window to file claims against the estate. Proper notice is critical — failure to notify can delay the closing or expose the estate to later claims.
Step 3:
Inventory and appraise estate assets
The personal representative must prepare a complete inventory of the estate's assets and their fair market value as of the date of death. This inventory is filed with the court and forms the basis for the estate accounting.
Step 4:
Pay valid debts, taxes, and expenses
Valid creditor claims, estate administration expenses, and any applicable taxes must be paid before distribution to beneficiaries. The personal representative is responsible for determining which claims are valid and paying them in the correct priority order under Georgia law.
Step 5:
Distribute assets to beneficiaries
After debts and expenses are paid, the remaining assets are distributed to beneficiaries according to the will's terms — or under Georgia's intestacy statutes if there is no will. The personal representative obtains receipts from beneficiaries documenting the distribution.
Step 6:
File the final accounting and close the estate
The personal representative prepares a final accounting of all assets received, debts paid, and distributions made and files it with the court. Once approved, the estate is formally closed and the personal representative is discharged from further responsibility.
Georgia's Informal Probate Option
Not every estate requires full formal probate administration. Georgia allows for an informal probate process in uncontested cases where all heirs consent — called year's support or consent probate depending on the circumstances. This streamlined process can significantly reduce both the time and cost of administration.
Whether informal probate is available depends on the size and composition of the estate, whether all heirs are in agreement, and whether there are outstanding creditor claims. Many families who assume they face a lengthy formal probate proceeding qualify for a faster alternative. An attorney can assess eligibility at the consultation.
Florida Probate Administration — Summary Administration
Florida offers two primary probate tracks. Formal administration is the standard process for most estates and follows a structure similar to Georgia's. Summary administration is available for smaller estates — currently those with non-exempt assets of $75,000 or less — or where the decedent has been deceased for more than two years.
Summary administration is significantly faster and less expensive than formal administration. It does not require appointment of a personal representative and can often be completed in a matter of weeks rather than months. Our Port St. Lucie office advises Florida clients on which track is appropriate for their estate and handles both.
How Long Does Probate Take?
An uncontested Georgia probate estate handled by an experienced attorney typically closes in six to twelve months. Estates with contested claims, complex assets, business interests, or property in multiple counties take longer. Florida estates on the formal administration track follow a similar timeline.
We give every client a realistic timeline at the consultation — not a best-case estimate — and work to stay on or ahead of it.
(678) 788-6030 — Georgia Office. |
(772) 873-5900 — Florida Office
Common Questions About Probate Administration in Georgia
What are my responsibilities as executor in Georgia?
As personal representative, you are responsible for locating and inventorying estate assets, notifying heirs and creditors, paying valid debts and taxes in the correct priority, distributing remaining assets to beneficiaries, and filing a final accounting with the court. You are also personally liable for losses caused by mismanagement of estate assets. Working with a probate attorney reduces the risk of errors that expose you to personal liability.
How do I probate a will in Georgia?
You file a petition to probate the will in the Probate Court of the county where the deceased resided, along with the original will and a death certificate. The court admits the will, appoints you as personal representative, and issues letters testamentary. From there the administration process follows the steps above. An attorney prepares the petition and filings, handles creditor notice, and guides you through each step.
Can an estate be probated without a lawyer in Georgia?
Georgia law permits self-represented probate in some proceedings, but the process involves specific filing requirements, creditor notice rules, inventory and accounting obligations, and distribution rules that vary based on the estate's composition. Errors can delay closing, expose the personal representative to liability, or result in improper distributions. For most estates, the cost of an attorney is recovered many times over in time saved and mistakes avoided.
What happens if the estate has no will in Georgia?
The estate is administered as an intestate estate under Georgia's intestacy statutes. The court appoints an administrator rather than an executor, and assets are distributed according to Georgia's default inheritance rules following a statutory priority order based on family relationship. The administration process follows the same general steps as probate with a will, but without the guidance of a will's instructions.
What is the difference between a personal representative and an executor in Georgia?
They refer to the same role. An executor is specifically a person named in a will to administer the estate. Georgia law uses the broader term personal representative — which covers both executors named in a will and administrators appointed by the court when there is no will. The duties and responsibilities are the same regardless of title.