Is there an original will?
An original will can affect who has priority to serve, what powers the personal representative has, who receives probate assets, and what petition should be filed. A Georgia will generally must be written and properly executed. If no valid will controls, probate assets generally pass under Georgia intestacy law.
Which assets are actually part of the probate estate?
Probate typically concerns assets titled solely in the decedent’s name without an effective nonprobate transfer mechanism. Trust-owned property, accounts with valid beneficiary designations, and property passing through enforceable survivorship rights may be treated differently. Each asset and governing document must be reviewed.
Who has authority to act?
Being named in a will does not always mean a person can immediately control estate property. Court appointment and issued letters may be required before an executor or administrator has authority to act for the probate estate.
What duties follow appointment?
A personal representative may need to identify and safeguard property, address notices and creditor claims, keep adequate records, comply with reporting requirements, resolve taxes and expenses, make authorized distributions, and seek discharge. Duties vary with the will, court order, estate, and applicable law.
When should counsel be contacted promptly?
Early advice is especially important when deadlines may apply, family members disagree, a will may be challenged, property is being removed, a business must keep operating, heirs are unknown, a fiduciary is accused of misconduct, or the estate includes significant debt, litigation, or complex assets.