FAQ

Frequently Asked Questions

Frequently Asked Questions

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Frequently Asked Questions

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  • What is Probate?

    Probate is the legal process of verifying that a will is valid if a person died leaving a will. If there is no will it is the process of handling the final business of a deceased person’s estate which can include paying debts, taxes, selling property, making distributions and more. 

  • How long does probate take?

    It depends. The complexity of the estate and the thoroughness with accounting and finances before death can also play a role. However, even for more simple estates it can be several months, and more complex estates can take years. 

  • What is the probate process?

    There are many steps to the probate process in Georgia. Some of the steps are:

    • Appointing a personal representative
    • Inventorying Assets
    • Paying Debts
    • Publishing for Creditors
    • Paying Distributions
    • Selling real estate
    • File Federal and State taxes
  • How do I transfer the car?

    To transfer the title of vehicles owned by the deceased all you need is the death certificate. Take the death certificate to the DMV and there may also be fees. 

  • What do I need to get started?

    If the decedent had a will, you need the original will and an original death certificate. If there is no will then you need an original death certificate. These items will be attached to the petition that is filed in Probate Court. 

  • What is Estate Planning?

    Estate planning is a process that allows documents to be created to determine how your assets are managed or distributed upon death or incapacity. There are two types of documents: 

    1) After-death documents 

    2) Life documents

  • What documents are included in an estate plan?

    The following documents are included in an estate plan:

    1. Trust/Will
    2. Advanced Directive for Healthcare
    3. Power of Attorney
    4. HIPAA Release
  • What happens if I die without a will?

    If you die without a will you are considered to have died “intestate.” In this instance, the state of Georgia will determine how your assets are distributed after all of the other steps are completed.

  • Can I do estate planning if I have Dementia or Alzheimer’s?

    The short answer is yes. The longer answer is you must have testamentary capacity. This means you must understand the function of a will. You must understand what you have and how you would like it distributed. Depending on the stage of the disease you may or may not have testamentary capacity. 

  • What is the difference between a will and a trust?

    A Will is a legal document that directs who will receive assets and property at your death. A will ensures that you will go through probate court.  


    A trust is a legal document when a trustee manages and holds title to your assets and property. The trustee distributes it to beneficiaries. A trust avoids probate and is private. 

  • What do I need to do to get started?

    To start your estate planning journey, it is important to collect all your important papers like deeds, life insurance policies, and financial documents. It is also important to know your assets and your debts. Finally, you also need to think about the people that you trust and who you would want to serve in different roles. 

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