Estate Administration And Dispute Resolution

Administering an estate may sound straightforward – and sometimes, it is.

Our attorneys and staff treat clients as friends and neighbors, recognizing the firm’s important role in a time of challenges and grief for a family. It is our privilege to guide Georgians through probate and related legal issues. Since our law practice is diversified, we can help with related real estate sales and conveyances, business ownership transfers and other necessary maneuvers. We also advocate for people engaged in estate-related disputes.

Overview Of Probate And Estate Administration

Probate is the legal process of validating a deceased person’s will, identifying assets, paying debts and distributing the remaining property to beneficiaries. On the other hand, estate administration includes managing and distributing assets according to a will or, in its absence, state intestacy laws.

Probate and estate administration provides a structured asset distribution and debt repayment approach. These processes establish a clear legal transfer of ownership, protect the interests of creditors, help ensure compliance with the law and prevent disputes among heirs.

Steps In Probate Administration

As probate administration helps manage and settle an estate after a person’s passing, it follows certain steps to help ensure compliance and avoid legal issues. They are:

• Filing the petition: Initiate probate by filing a petition with the probate court. This includes submitting the will (if available) and appointing an executor or administrator.
• Notification: Notify heirs, beneficiaries and creditors of the probate proceedings. This step allows creditors to submit claims and heirs to contest the will if necessary.
• Inventory and appraisal: The executor compiles a detailed list of the estate’s assets and obtains appraisals for real estate or valuable personal property.
• Paying debts and taxes: Outstanding debts, final expenses and taxes are paid from the estate’s assets.
• Distribution of assets: Once debts and taxes are cleared, the remaining assets are distributed to beneficiaries as outlined in the will or according to state laws.

The timeline for probate proceedings varies depending on the estate’s complexity, the existence of disputes and state-specific requirements. Simple cases may take a few months, while complex estates can extend beyond a year.

Roles And Responsibilities In Estate Administration

The executor or personal representative is responsible for filing the will, managing the estate’s assets, settling debts and distributing property. They act as the central point of communication between beneficiaries and the court.

When a trust is part of the estate, the trustee manages and distributes trust assets per the trust’s terms. This includes ongoing management for long-term trusts or immediate distribution for revocable trusts.

Expected Protocol In Probate And Trust Administration

An executor or personal representative confirms their eligibility and appointment to the role and files a will with the probate court. They locate all assets, notify creditors and keep beneficiaries informed.

When most legal processes are complete, the executor may sell real estate and other assets, if necessary, before distributing the property according to the decedent’s wishes expressed in the will. If there are trusts, the respective trustees will need to fulfill their duties in accordance with the law. Finally, the executor or another fiduciary will file a final income tax return for the deceased person and the estate will be closed.

When Disputes Arise

Estate matters are not always trouble-free. Someone may bring a will contest, requiring legal action by the executor to resolve the dispute. Other controversies over an estate may lead to more extensive estate litigation.

Both of the partners at Hunt & Taylor Law Group, LLC, are effective litigators with more than 35 years of experience. They work hard to protect their clients – usually the executors – from harm, as well as to preserve the integrity of the estate. They are also well-qualified to bring will contests and claims against executors, trustees and estates on behalf of wronged creditors or beneficiaries.

For Probate Counsel And Representation, Contact Hunt & Taylor Law Group, LLC

Hunt & Taylor Law Group, LLC, is an established estate planning and probate law firm in Gainesville that multiple generations of area residents have relied on for assistance through estate administration. We hope to hear from you if you are facing responsibilities or challenges involved in settling an estate.

To schedule a consultation with a respected Gainesville probate administration and litigation lawyer, call 770-999-0272 or send an email inquiry today.