Understanding the Probate Process and the Need for a Will Attorney

Proving a Last Will and Testament in a court of law is the definition of probate. Once a testator, a person who made a Will, dies the Will has to be proven valid by the probate court. When the Will has been proved, the process of probate is complete. Then the executor that has been nominated in the Will is appointed. At this point the actual administration of the property and estate is executed following the terms directed in the Will. All of this sounds like a delicate process, and indeed it can be, this why it is necessary to appoint a Will attorney. As with most states, it is imperative to seek the legal advice of a professional Will attorney in Atlanta, GA.

There Are Two Ways to Probate a Will in Georgia

In Georgia the process of probate is simple in comparison to other states. However, like other states probate in Georgia also has pitfalls. This is why it is important to have a Will attorney that understands the process of creating a Will for flawless execution. There are two ways in which a will can go to probate in Georgia; the solemn form and the common form.

The Solemn Form of Probate

The solemn form of probate comes into use when the nominated executor wants to complete the process of petition and requests finality in regard to the Will’s validity. This requires that all of the heirs-at-law are notified and receive a copy of the Will and the petition, which allows them to be able to object to the executor appointed and to the Will itself. Typically all of the heirs-at-law consent to the Will and are easy to contact.

The Common Form of Probate

When there is the immediate need to appoint a personal representative, or there is a problem providing notice to the heirs-in-law of a decedent, the common form of probate is used. While this is an easy way an estate is opened, there is a much longer time to challenge the appointment of the executor and the Will itself. The solemn form of probate is most often used to eliminate the possibilities of a challenge. In fact, the solemn form of probate is most often recommended by professional attorneys.

The Libby Law Firm understands the need for competent and professional attorneys that specialize in matters of planning an estate. Work with an experienced and knowledgeable will attorney in Atlanta, GA to have important estate documents prepared correctly the first time.

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