Probate is the legal process of settling a person’s estate after they pass away — including distributing assets, paying debts, and handling any claims or disputes. In Georgia, probate can be relatively straightforward in some cases, but in others, legal counsel is not just helpful — it’s essential.
Whether you’re an executor, heir, or concerned family member, understanding when you need to hire a probate attorney in Georgia can help you avoid costly mistakes, delays, and liability.
What Is Probate in Georgia?
Under Georgia law, probate occurs in the county Probate Court where the decedent resided. The court oversees the process to ensure the decedent’s will is validated, debts are paid, and property is distributed correctly.
There are two types of probate in Georgia:
Probate with a will (testate): The court validates the will and appoints the named executor.
Probate without a will (intestate): The court follows Georgia’s intestacy laws to distribute assets.
Do You Have to Hire a Probate Attorney in Georgia?
Legally, you are not required to hire an attorney for probate in Georgia. However, the Georgia Probate Court cannot give legal advice — and if you’re the executor or personal representative, you are held personally liable for any mistakes made during administration.
This is why, in many circumstances, hiring a probate attorney is strongly advised — and often protects you, your family, and the estate.
When You Should Absolutely Hire a Georgia Probate Attorney
Here are common situations where legal representation is not just helpful — it’s necessary:
1. The Estate Has No Will (Intestate)
When someone dies without a valid will, Georgia law governs who inherits. But the process isn’t automatic — you’ll need to file a petition for Letters of Administration and may face competing claims from family members. A probate attorney can help you navigate this correctly.
2. The Will Is Contested
If anyone challenges the validity of the will (due to concerns over capacity, fraud, or undue influence), you need legal representation immediately. Probate litigation can become complex quickly — and a probate attorney will help defend the estate or bring legitimate claims forward.
3. There Are Creditor Claims or Debt Issues
Executors are responsible for ensuring debts and taxes are properly handled. If creditors dispute claims, or if the estate lacks liquidity to pay debts, an attorney can help resolve these issues while minimizing legal risk to the executor.
4. There Are Disputes Between Heirs or Beneficiaries
When heirs disagree over distributions, property division, or the terms of a will, a probate lawyer helps mediate or litigate the matter while protecting the executor’s neutrality and legal obligations.
5. You Are the Executor and Unsure of Your Duties
Even in “simple” cases, executors often underestimate the work involved — including inventorying assets, handling tax filings, meeting court deadlines, and distributing property correctly. An attorney helps you complete these steps properly and protects you from personal liability.
6. Real Estate or Business Interests Are Involved
If the estate includes out-of-state property, business interests, or complex investments, probate can be especially tricky. Georgia law may require additional filings or proceedings, and a lawyer ensures proper transfer of title and ownership.
7. You Want to Avoid Delays and Errors
Probate in Georgia typically takes 6 to 12 months, but mistakes or missing paperwork can extend that timeline significantly. An experienced attorney can speed up the process by ensuring accurate, timely filings.
What Does a Georgia Probate Attorney Actually Do?
A probate attorney in Georgia can assist with:
Preparing and filing all required probate petitions and documents
Advising executors and administrators on their legal duties
Handling notices to creditors and beneficiaries
Assisting with asset inventory and valuation
Resolving claims, disputes, and will contests
Preparing final accountings for the court
Ensuring proper and timely distributions to heirs
Navigating tax filings and estate closing procedures
In short, a probate attorney acts as your legal guide through the entire process, making sure everything complies with Georgia law and court procedures.
When in Doubt, Ask a Professional
Georgia probate law may seem straightforward on paper, but real-world estates rarely are. If you’re facing probate — or about to be named as an executor — hiring an experienced Georgia probate attorney can prevent legal missteps, protect family relationships, and ensure the estate is handled fairly and efficiently.
At Graham Estate Planning, we help Georgia families navigate probate with confidence, clarity, and compassion. Whether you’re just beginning the process or need help with a contested estate, we’re here to guide you every step of the way.
Schedule a consultation today to speak with a Georgia probate attorney who will help you do it right — the first time.
