The period of mourning and grief one goes through following the death of a loved one varies greatly from person to person. Naturally, the last thing a surviving spouse or family member wants to be burdened with is the press of the Georgia probate process and its tedious paperwork and deadlines. Unfortunately, however, there are some legal time limits that will not wait.
Charles Scholle is an Atlanta area attorney with the expertise and breadth of experience to help family members deal with the details of a Georgia probate matter. The following list is not exhaustive and your situation is unique, so it is a good idea to consult legal counsel at your earliest convenience.
- Time Sensitive Debts – Certain obligations need to be paid immediately pursuant to the terms and conditions of each. Unnecessary expense can be avoided by carefully reviewing the terms of any debt instruments held by the decedent.
- Offering Probate of the Will – The person in possession of the will, if any, must offer the will for probate as soon as practicable after the testator’s death and can be subject to fine, contempt, and imprisonment for the failure to do so.
- Wrongful Death Claims – If the decedent died from an accident or at work, then a third party may be responsible to the estate for the payment of damages. Generally, the statute of limitations for wrongful death in Georgia is two years. However, claims against certain defendants, require notice within six months of death or less. Therefore, it is a good idea to contact an attorney as soon as possible if the decedent died at work or died due to someone else’s negligence.
- Estate Tax Payments. Estate taxes returns and payments are due within nine (9) months of death. Talk to your accountant or a Georgia estate tax planning attorney to see if any tax is due on the estate of the decedent.
CONTACT OUR LAW FIRM FOR A FREE CONFIDENTIAL PHONE CONSULTATION ON YOUR PROBATE MATTER toll free nationwide at 866-972-5287 or in Atlanta at 770) 717-5100
If you were named as executor or if you may serve as fiduciary in the estate of a loved one who has died in Gwinnett County or metro-Atlanta, and you would like to learn more about your options, Charles Scholle can help.
To discuss your case at a free, confidential phone consultation, please contact the firm online, Email, or call 866-972-5287 nationwide and 770-717-5100 in Atlanta.
Based in Gwinnett County, Scholle Law represents clients throughout Metro Atlanta and the State of Georgia.