Probate and Estate Planning Lawyers
When a loved one passes away, their family will likely need assistance from a properly trained probate attorney to administer their loved one's estate. Probate is the process of submitting a valid Last Will and Testament to the court, which will allow an Executor named in the Will to carry out the Testator's wishes. At Batten & Batten, we work to ease the stress of losing a loved one by taking care of the legal requirements of probating your family member's estate.
Not all estates need to be probated, and in some cases, an attorney is not necessary for estate administration. However, the advice of our attorneys can help you make the proper determination and navigate the probate process. The process and paperwork can be overwhelming, but our attorneys will be with you every step of the way. It is our goal to make probate flow smoothly and to reduce as much personal and family stress as possible after the loss of a loved one.
Probate in Common or Solemn Form
Whenever someone dies, they are called the "Decedent" for legal purposes. If the Decedent had a valid Will, their Executor, or someone who the beneficiaries unanimously agree upon, should speak with an attorney to probate the estate.
In Georgia, an Executor can petition the court for Probate in Common Form or Probate in Solemn Form. There are definite advantages and disadvantages to both forms of probate, and our attorneys are happy to assist Clients in determining the best course of action for each individual estate.
When Loved Ones Pass Away Without a Will
Just because someone passes away without a Will, that does not mean probate should or can be avoided. Often times, when a Decedent passes away without a Will, they may have a home to which the title must be transferred to a surviving spouse or child. In this case, our attorneys help clients determine whether probate needs to occur and how to properly administer the estate.
Call to speak with one of our attorneys for a free initial consultation.