Losing a loved one is difficult enough without having to navigate unfamiliar legal processes. One of the first questions many families ask is: What happens next? In many cases, the answer involves probate.

At Weiner Shearouse, we help families throughout the Lowcountry navigate probate with confidence and peace of mind.

What is Probate?

Probate is the court-supervised process of settling a deceased person’s estate. It ensures that debts are paid, assets are properly transferred, and the terms of a valid will are carried out.

If there is a will, the court confirms its validity and appoints the executor named in the document. If there is no will, the court appoints an administrator and Georgia law determines how assets are distributed.

Does Every Estate Go Through Probate?

Not necessarily. Some assets transfer automatically and may avoid probate altogether, including:

• Life insurance policies with named beneficiaries
• Retirement accounts such as IRAs and 401(k)s
• Payable-on-death (POD) bank accounts
• Property owned jointly with rights of survivorship
• Assets held in a living trust

Probate is generally required for assets owned solely by the deceased without a beneficiary designation.

The Basic Probate Process in Georgia

While every estate is different, probate typically follows these key steps:

1. File a Petition with the Probate Court
   • A petition is filed in the county where the deceased person lived to begin the probate process.
2. Appoint a Personal Representative
   • The court appoints an executor or administrator to manage the estate and handle its affairs.
3. Identify Assets and Debts
   • The personal representative gathers information about the estate’s assets, financial accounts, and outstanding obligations.
4. Notify Creditors and Heirs
   • Creditors, heirs, and beneficiaries receive notice of the probate proceedings as required by Georgia law.
5. Pay Debts and Expenses
   • Valid debts, taxes, and final expenses are paid from estate assets.
6. Distribute Remaining Assets
   • Once obligations are satisfied, the remaining assets are distributed according to the will or Georgia intestacy laws.
7. Close the Estate
   • The court reviews the administration of the estate and formally closes the probate process.

Why Legal Guidance Matters

Even relatively simple estates can involve complex legal requirements, court filings, and strict deadlines. Working with an experienced probate attorney can help:

• Ensure documents are filed correctly
• Prevent unnecessary delays
• Address disputes among heirs or beneficiaries
• Navigate local court procedures
• Reduce stress during an already difficult time

We’re Here to Help

Probate doesn’t have to be overwhelming. Whether you are serving as an executor, administering a loved one’s estate, or simply trying to understand your rights, the attorneys at Weiner Shearouse can provide the guidance and support you need.

If you have questions about probate or estate administration in Savannah, Pooler, Richmond Hill, Ridgeland, or the surrounding Lowcountry, contact Weiner Shearouse today for a confidential consultation.

Disclaimer: This blog post is designed to provide general information regarding corporate transactions and does not constitute formal legal advice. Please consult an attorney to discuss the specific legal needs of your business.