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Tamika M. Johnson
Attorney At Law

Tamika M. Johnson Attorney At LawTamika M. Johnson Attorney At LawTamika M. Johnson Attorney At Law
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Tamika M. Johnson
Attorney At Law

Tamika M. Johnson Attorney At LawTamika M. Johnson Attorney At LawTamika M. Johnson Attorney At Law
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FAQ's

What is Probate?

 

Probate is the legal process of presenting your Will to the Court  after your death to authenticate it, and appoint your Executor. Your  Executor must be appointed by the Court in order to collect and  distribute your assets as stated in your Will.  However, because it is a  legal process, there are many steps that must be followed before your  Executor can be appointed.


The attorneys must obtain signatures from your heirs signifying they  agree the Will is yours, and they will not contest it. Your heirs are  your spouse and children and all must agree not to contest your Will before your Executor can be appointed.


If you don’t have a spouse or child, probate becomes even more complicated. Even if your heir is not a beneficiary, his waiver may still be required.


This can be very different in second marriage situations, especially  if you have minor children or if you have a child you have lost contact  with over the years.


If a child dies before you, then all of your deceased child’s  children will have to agree not to contest your Will, but if they are  under 18, the Court will need to appoint a separate attorney to  represent them. The same is true if any of your heirs are legally incapacitated, such as a mentally disabled child or a spouse with Dementia.


In some cases, the Executor will have to submit an heir determination  form, filing fees, a petition, a death certificate and affidavits from  the individuals who witnessed your Will. Upon receipt of all of the  appropriate information (and if no heirs contest it), the Court will appoint the Executor.


After your Executor is appointed, estate administration begins. It is  a period of time the law permits the Executor to accumulate the assets  and report to the Court how he or she intends to distribute them. In  some cases, it can take a year or more. If you die without a Will, the process is similar, but the State decides who gets your assets, not you.


Unfortunately, probate is unpredictable. That’s why many people chose  to avoid it, but if all of your heirs agree, your assets are  centralized, and you at least have a Basic Will,  it can go smoothly.

This website is designed for general information only. The information  presented at this site is not and should not be construed to be formal legal advice  nor the formation of a lawyer/client relationship.



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1775 Parker Road

Conyers, Georgia



3100 Five Forks Trickum Road

Suite 102

Lilburn, GA 30047


MAILING ADDRESS: P.O. Box 80222, Conyers, GA 30013


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