Estate Planning
Probate
What is probate?
Probate is a legal process during which the court oversees the distribution of assets that were left in a Will. This process can take a matter of months or even a number of years to be completed.
Is there any way to avoid probate?
It's in your best interest to consult with an attorney to minimize the chance of legal complications in trying to avoid probate. In most cases, it will be better for you to go through probate court.
What is a year's support?
A procedure under Georgia law that gives a surviving spouse and the minor children a certain share of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the decedent's Will. If the surviving spouse decides to take the statutory share, it's called "a year's support". In addition, a year's support relieves the surviving spouse of having to pay certain debts of the deceased spouse. It would be advisable to consult an experienced probate attorney to help you with the year's support process.