Elder Law
 &
Special Needs Planning


( 706 )  310 - 1242

What to do When a Loved One Dies

There are a number of different proceedings which may be filed in the Probate court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Your attorney will need to know all of the heirs at law and determine how real property is titled before recommending a specific probate form or procedure.

Sometimes real property is held as Tenants in Common and often it is held as Joint Tenants with Right of Survivorship. There are many reasons to choose either method of jointly held property and each title has an effect on the probate procedure. An estate planning attorney will be able to guide you in selecting the proper title for your property and your probate attorney can explain the difference and how each titled asset affects the probate process

If a loved one dies without a will, the State of Georgia has an intestacy plan which determines the heirs and how property will pass upon death. If you do not want your property to pass according to the State’s intestacy plan, you will need to execute a valid Last Will and Testament.

The Probate Court also governs Guardianships and Conservatorships for minors and incapacitated adults.

 

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