Cumming Probate Lawyers 

Attorneys Represent Estates & Beneficiaries in Will Proceedings in Forsyth County

With over 200 years of combined legal experience, the lawyers at Lipscomb Johnson LLP have the skill and insight necessary to assist clients confidently throughout the probate process. We protect the rights and interests of executors, beneficiaries, and potential heirs in contested and uncontested proceedings. Whether you are attempting to probate a will or are confronting a dispute, you can rely on our experience as we guide you through the process effectively.

Assisting Clients with Georgia’s Complex Probate Process

Probate is the court process of ensuring that a will is valid, appointing an authorized executor, and carrying out the will’s provisions. The case is opened in the county where the decedent was a resident. The party that begins the case, known as the proponent, may be a family member or the executor named in the will. Notice of the probate proceeding must be given to all potential heirs of the decedent’s estate. If none of them challenge the will, it will be admitted to probate, and the executor will be formally appointed.

The executor is required to fulfill duties while working in this role, including:

• Giving notice to creditors
• Paying last debts from the decedent’s estate
• Valuing property
• Managing property
• Submitting accountings and other documents to the court
• Preparing and filing a final tax return
• Transferring assets to beneficiaries

Our legal advocates will guide executors during this process so they can be sure all steps are being properly followed.

How Long Does Probate Take in Georgia? 

The duration of probate in Georgia can vary depending on several factors. Generally, without disputes, the probate process takes between 12 to 18 months, depending on the size and complexity of the estate. 

However, it's important to note that disagreements between parties involved can prolong the process. On average, probate in Georgia typically takes about a year to complete, but it can range from six months to several years depending on various factors such as the complexity of the estate and potential disputes. 

It's worth mentioning that there is no specific deadline for settling a Georgia estate, and the timeframe can vary based on the size of the estate. To get a more accurate estimate for your specific case, consulting with an attorney experienced in probate law in Georgia is advisable.

Effectively Resolving Probate Disputes

Contests to the validity of a will may be lodged, typically by family members who have been disinherited in whole or in part. 

Common grounds for contests include:

• The will was made under duress, coercion, or undue influence
• The decedent did not have the requisite mental capacity to make the will
• The will was not properly executed or witnessed
• The decedent was defrauded into making the will
• The will is a forgery

Another type of contest occurs when heirs or other persons with an interest in the estate allege that the executor has breached his or her fiduciary duties by stealing from the estate, selling property at an unreasonable rate, or making poor investment decisions with estate property. Our attorneys can identify legal problems that may arise during the probate process and discuss effective ways to avert or resolve them.