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Probate & Estate Administration Attorney in Roswell, GA

Helping You Probate a Will in Atlanta, GA

I help you through all stages of the probate process. It starts with the filing of initial documents and concludes with the completion of the estate administration after the distributions to the estate's beneficiaries. When your loved one dies with a valid will in place, I will take the steps necessary to get the will admitted to probate and have an executor appointed. If everyone cooperates, this part of the process can usually be completed in a routine and expeditious manner. When that happens an executor can be appointed in as little as seven to ten days from the time the petition is filed.

Helping You with the Probate Process

I help you through all stages of the probate process. It starts with the filing of initial documents and concludes with the completion of the estate administration after the distributions to the estate's beneficiaries. When your loved one dies with a valid will in place, I will take the steps necessary to get the will admitted to probate and have an executor appointed. If everyone cooperates, this part of the process can usually be completed in a routine and expeditious manner. When that happens an executor can be appointed in as little as seven to ten days from the time the petition is filed.

Helping You With the Administration of an Estate

If you have been named executor of an estate, you may be uncertain what your duties are or how to carry them out. You want an experienced lawyer to guide you through the process, someone who understands the law and the requirements and who has handled these types of issues for other individuals.

As the executor of an estate, you have a fiduciary duty to all beneficiaries of the estate to oversee the orderly distribution of property in accordance with the wishes of the deceased. You must protect assets so that they are not lost, stolen or misplaced and manage them in a reasonable, prudent manner.

I will help you methodically protect the estate and complete the steps necessary to settle the estate through the probate court. I will work with you to:

  • Marshal all assets and prepare a plan for their management and distribution

  • Identify and notify all creditors of the decedent/estate

  • Pay all final debts of the estate

  • File all tax returns, both income tax and estate tax (if applicable)

  • Oversee property distribution according to the terms of the will

As the executor, you must resolve the claims of creditors before distributing assets. You can be personally liable if you distribute all assets before the claims of creditors are settled. The risk of a lawsuit for improper distribution can be minimized or eliminated when you take advantage of legal advice during the estate administration process and address legal issues before they become legal disputes.

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Atlanta Intestacy Lawyer

If your loved one has died and intends to leave property, but there is no valid will, you may be worried about how assets will be distributed. The State of Georgia has enacted laws to address this contingency. You want an experienced attorney to protect your interests, though, someone who understands the law and the process, who has represented others in similar situations.

At the office of Patrick J. Gibbs, P.C., Attorney at Law, I bring more than 35 years of legal practice experience to people in and around Roswell. For the last 20 years, I have focused on estate planning and probate matters. I believe in taking a comprehensive approach, looking at all aspects of your situation to help you find solutions that meet your needs in a cost-effective way.

When Your Loved One Dies Without a Will

Contrary to popular belief, dying without a will does not mean that the state takes your property. Georgia has enacted statutes, called intestacy laws, that set forth the specific provisions for the distribution of an estate when someone dies without a will. Simply knowing the percentages established by the law won't help you complete the probate process, though. You will still need to have an administrator appointed, and a fiduciary bond (requiring payment of a bond premium) may be required for that administrator.

At my office, I will quickly and efficiently handle all matters when your loved one dies without a will. If you are the spouse, I can get you named as the administrator of the estate and, if necessary, assist you in establishing a conservatorship for any minor children. I will file all necessary documents required by the probate court and will be your advocate in all hearings or proceedings throughout the process. If there are children from a previous marriage, I can also protect your rights and your interest in the estate's property.

Contact Me

For a private meeting with an experienced Roswell intestate succession attorney, contact my office online or call me at 770-645-4990. Flexible appointment times are available to accommodate your schedule.