Is Probate Such a Terrible Thing? | Probate Lawyers In Cobb County

Is Probate Such a Terrible Thing? | Probate Lawyers In Cobb County

Cobb County Probate Lawyer

 

Probate attorneys in Marietta are well aware of how difficult the process can be for families and friends who are grieving, for those who value privacy, and even for those who need to get an estate closed to pay off debts and take care of other obligations. Day in and day out probate attorneys hear about the downsides of probate.

What Is Probate

Probate is a process used by courts in Georgia, as well as across the country, to settle the affairs of a deceased person.  This legal process ensures that the estate fills its obligations and that its assets are distributed fairly according to the law.  Technically, “probate” refers to the settling of an estate according to a will, but when someone dies intestate (without a will), most people still refer to the process that follows as “probate.”  There may be a few slight differences between the processes, but they are very, very similar.

Why Do People Avoid Probate?

There are a few reasons that people want to avoid the probate process, and they’re good reasons most of the time. Examples include:

  • It can take a long time.
  • It can cost a lot.
  • Everything is in public records.

Individuals who engage in solid estate planning before death are often able to take care of the estate better than those who die intestate, or even those who only use a will.  For example, a probate attorney in  Cobb County GA can help determine when a certain kind of trust could be used to avoid paying more taxes than necessary after death.

When Is Probate a Good Thing?

While many people have been conditioned to think that probate is a terrible thing, probate lawyers in Marietta see plenty of cases where it is quite beneficial.  For example, it may be quite difficult to track down all the creditors owed by an estate.  By following the legal procedures, there is eventually a cut-off date for any unascertained creditors.  This keeps creditors from coming back months or even years later and demanding payment.

Probate can also be helpful in cases where beneficiaries are receiving disproportionate inheritances.  It provides an opportunity for parties to make their claims and legally resolve any disputes.  Probate lawyers in Marietta GA often see how having this type of forum can lessen tempers while making sure that all parties can be heard before acting on legal precedent.

So, while you will generally hear about why you want avoid probate, it’s good to remember that it certainly has its place in the judicial system.  Should you find yourself facing probate, our firm’s probate attorneys in Marietta Georgia are skilled at helping move the estate through the process as efficiently as possible.

If you’re ready to get started with the probate process after the passing of a loved one, please contact our experienced Cobb County probate attorneys at (770) 425-6060 or contact us here to schedule a complimentary case review.

 

Cobb County Probate Clinic

Cobb County Probate Clinic

will-and-gavelOur Marietta and Cobb County probate law firm, Georgia Family Law, is a proud supporter of the Cobb County Probate Clinic, which is offered the second Wednesday of every month.

  • Need help with Probate forms?
  • Not sure which form to use?
  • Need advice about what kind of probate action is best for you?

Come to the Cobb Probate Pro Se Clinic. The 2nd Wednesday of every month, 9:30-11:30am. Cobb Courthouse Building D, 32 Waddell Street, Marietta 30060. Conference Room E , 2nd floor above Probate Court.

Meet with a private Cobb County probate attorney for free for 30 minutes. The attorney will review your particular situation and will advise you about which action to file and which forms to use in Cobb Probate Court.

The Clinic serves individuals on a first-come, first-served basis. Be sure to bring any relevant documents or information with you to the Clinic.

The attorneys advise about decedent’s estate cases only. Attorneys do not advise on minor or adult guardianship, mental health cases, marriage or firearms licenses, or any case not involving Cobb Probate Court. Attorneys cannot represent you in court for free. You may hire the attorney you meet or may call the Cobb Bar Lawyer Referral Line at 770-424-2947.

Questions? Call Legal Aid of Cobb County at 770-528-2565 Extension 02

Sponsored by Legal Aid of Cobb County and the Cobb Bar Association of Elder Law Section.