Probate is often a difficult time for a family, as losing a loved one is hard enough without legal complications. Probate is the process by which the property of a deceased loved one is passed to his or her heirs, if there is no Will, or to the beneficiaries of the Will.
At Quarterman Hodson & Morang, P.C., we can help you determine whether Probate is necessary, and if so, what kind of Probate an estate requires. If there is no Will, we can help you determine exactly who are the heirs to the Estate. Georgia has unusual provisions dealing with a surviving spouse who is not provided for in a Will or who does not receive much under a Will, as well. In many states, that spouse is entitled to what is sometimes called a “forced share,” or a certain percentage of the Estate. In Georgia, however, a surviving spouse is entitled to what is referred to as a “Year’s Support.” If you find yourself as a surviving spouse who is left out of a Will or who faces taking little to none of the Estate, we can help you file for a Year’s Support. Many people are under the mistaken impression that Probate is something that should be avoided at all costs, when in Georgia, the opposite is true. While Probate isn’t appropriate for all Estates, often it is very efficient. Georgia’s legislature has adopted a streamlined approach to Probate which makes it something that can provide resolution to a painful time.