00:00
[Music]
00:04
the probate process in the state of
00:06
georgia
00:06
is not as difficult as it is in some
00:08
states but it’s still a process
00:10
we have a lot of people who come to us
00:12
and say well i want to put together a
00:14
will
00:15
and that way i don’t have to go to
00:16
probate that actually is not how things
00:18
work a will requires probate so when a
00:21
person passes away
00:22
assuming they have a will they would
00:24
typically come to an attorney who would
00:26
put together a special petition
00:28
which is basically telling the judge
00:29
judge this person has died
00:31
here’s the original of their will here’s
00:33
the person who they would like to be in
00:35
charge the executor
00:37
and then if it’s an ideal circumstance
00:40
we have notices that go out for consent
00:42
to all of what are called the heirs at
00:44
law
00:44
and those are the people who would
00:46
typically benefit
00:48
if the person had no will so we’re
00:49
notifying in most cases
00:51
the surviving spouse the surviving
00:53
children sometimes the surviving
00:55
grandchildren
00:56
so there’s a whole process where we have
00:58
to get notifications and consents from
01:00
those people
01:01
if we’re not able to get the consent
01:02
from those people we have to serve them
01:04
first by certified mail
01:06
if that doesn’t work then we serve them
01:08
by sheriff we send the sheriff out with
01:10
the process the papers
01:12
to serve on them and give them notice
01:14
and then they’ve got a limited period of
01:16
time to object if they want to object
01:18
if they don’t object it’s the same as if
01:20
they had consented
01:21
if they do object then we have to have a
01:24
hearing so the judge can hear their
01:26
objection and rule on it and all of this
01:28
takes time
01:29
and money and so it can be an onerous
01:32
process
01:33
if you do everything just right if you
01:36
follow
01:37
every rule and everybody cooperates and
01:40
there’s nobody arguing about anything
01:43
because of the notices that have to go
01:44
out and in the notices that have to go
01:46
in the paper
01:47
there’s a notice to debtors and
01:48
creditors that always has to be filed
01:50
to let any creditors out there know this
01:52
person has passed away if you need to
01:54
file a claim in the estate here’s how
01:55
you do it
01:56
with all those waiting periods if the
01:59
person
02:00
started if the executor started the
02:02
process on the day the person passed
02:04
away
02:04
and of course they never do that but if
02:06
they started on that day it would be
02:08
approximately a six-month process
02:10
before the family had full control of
02:12
the assets and was able to distribute
02:14
them
02:14
so it’s a really lengthy process and we
02:17
do have tools we can use like revocable
02:19
living trusts
02:20
to avoid all that we can avoid the
02:22
entire probate process and speed things
02:24
along for the family
02:25
and distribute assets the way the client
02:27
wants them distributed