How Probate Usually Works

While every estate is different, probate often includes:

1. Filing paperwork with the probate court to open the estate

2. Providing required notice to heirs and interested parties

3. Issuance of “Letters” (official documents that give the Personal Representative authority)

4. Collecting assets and handling bills (and sometimes selling property)

5. Distributing remaining assets according to the Will (or Georgia law if there is no Will)

 

If no one objects and the paperwork is handled correctly, probate can be straightforward—but it can still feel confusing, especially while you’re grieving.

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Is Probate Always Required?

Not always. Some assets may pass outside probate, depending on how they’re titled—for example:

• Jointly owned property with right of survivorship

• Accounts with beneficiary designations (retirement accounts, life insurance)

• Payable-on-death / transfer-on-death accounts (when available)

• Assets properly titled in a trust

A common issue we see is that families assume “we have a Will, so we’re covered,” but asset titling and beneficiary designations often control what happens in practice.

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Help With Probate and Estate Administration

Georgia offers resources for families who choose to handle probate without a lawyer. Even so, the process can be time-consuming and easy to misstep—especially if there are multiple heirs, unusual assets, or practical complications.

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Our firm offers flexible support, so you can choose the level of help that fits your family.

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Option A: Fixed-Fee Probate Guidance (Limited Scope)

This option is designed for families who want to handle most tasks themselves, with attorney guidance and clear paperwork support. It typically includes:

• A written summary of the estate planning documents

• A written checklist of the key tasks and deadlines

• Preparation of the petition and core filing documents to open the estate

• Attorney time for reasonable follow-up questions

Flat fee: quoted in advance

 

Option B: Comprehensive Estate Administration

For families who want us to manage the process from start to finish, we can provide full-service estate administration, including court filings, correspondence, and step-by-step support through distribution and closing.  The hourly billing rate is $350 per hour. 

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Limitations on Probate Matters
Our firm represents clients in uncontested probate and estate administration matters only. We do not accept probate cases that are contested, involve active disputes, or present a significant likelihood of conflict among beneficiaries, heirs, or fiduciaries.

If there is disagreement regarding the validity of a will, the appointment or actions of a personal representative, the distribution of assets, or related issues, we are unable to assist and recommend seeking counsel that focuses on probate litigation

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Next Step

If you’ve recently lost a loved one—or if you’re planning ahead and want to understand how probate would affect your family—schedule a consultation.