Do I Need a Will - Answers to Common Questions This document answers common questions about wills under Georgia Law, including: 1) What is a Will? 2) What is a Codicil? 3) What is a Self-Proving Affidavit? 4) How old does one have to be in order to make a Will?
By: Georgia Department of Human Resources, Division of Aging Services
How to Republish (Affirm the Contents) of a Will
By: Atlanta Legal Aid Society Seniors Hotline
Wills - State Bar of Georgia Consumer Pamphlet
(Separate Website)
Everyone owning property who wishes to exercise control over the property’s disposition after death should have a will regardless of the property’s value. Of course, the larger the estate, the greater is the need for expert estate planning and a valid, up-to-date will. This pamphlet gives you basic information about why you should have a will, what happens when you don't, and provides basic suggestions for you to keep in mind when you are writing your will.
By: Elder Law Committee of State Bar of Georgia
Wills Fact Sheet
This document will help you understand issues relating to writing your will.
By: Georgia Department of Human Resources, Division of Aging Services
Frequently Asked Questions About Probating a Will
(Separate Website)
This document answers common questions about the process of probating a will after someone has died, including: (1) If I die, will the state get all of my money? (2) If I have a will, is my estate in good order? (3) Can I prepare my own will? (4) Can I avoid Probate?
This information is based on "The Probate Whys", a brochure prepared by The Hon. Lillis J. Brown, Judge of the Probate Court of Rockdale County.
By: Clarke and Rockdale County Probate Courts
Frequently Asked Questions About the Administration of an Estate
(Separate Website)
This document answers common questions about administering an estate, including: (1) Who is eligible to serve as the Administrator? (2) Who decides who will be the Administrator? (3) What are the responsibilities and powers of an Administrator?
By: Athens-Clarke County Probate Court
Administration of the Estate When There Is No Will
(Separate Website)
An individual who dies (also called a "decedent") and who has no will is said to have died "intestate". This means in most circumstances that the Probate Court will need to appoint an Administrator to handle the property that the decedent owned. This document explains the process of what happens when a person dies intestate.
By: Athens-Clarke County Probate Court
Probate of Wills
(Separate Website)
An individual who dies, also called a decedent, and who has a will is said to have died testate. The will is usually offered for probate by the individual who is named in the will as the executor. The process of probating a will is the formal process by which the Probate Court determines a document has been proved to be the last will and testament of the decedent and officially appoints the executor or some other person to handle the distribution of the decedent's property. Even if the will is not going to be probated, anyone who is in possession of the will of an individual who has died must bring the will to the Probate Court for filing. This document discusses the other procedures for probating a will.
The information on this page is based in part on a brochure prepared by the Hon. Marion Guess, Judge of the Probate Court of DeKalb County and students at the Georgia State University College of Law.
By: Clarke and Dekalb County Probate Courts
Avoiding Living Trust Scams: A Quick Guide for Advocates
(Separate Website)
Dishonest living trust salespeople prey on seniors' fears that after their deaths, their life savings and assets will be stolen by the government or by predatory probate attorneys. These salespeople use high-pressure tactics and deceptive claims to coerce vulnerable seniors into buying a product that many of them don't need. Seniors are bombarded with advertisements, phone calls, and pitches from door-to-door salespeople insisting that living trusts work best for everyone. This may be true for some. For others, buying a living trust is simply a waste of limited resources.
By: National Consumer Law Center
Tips for Seniors on Living Trusts
(Separate Website)
Many seniors worry about what will happen to their property after they pass away. This is a very important decision. Unfortunately, it can also be very confusing. One of the most critical choices you will face is whether to get a living trust, will, or both. There are many unscrupulous companies that will try to convince you that a living trust is the best way to go. This may be true for some. But for many, a living trust will simply be a waste of precious resources. This fact sheet will give you basic information about living trusts and wills, and describes some of the most common scams.
By: National Consumer Law Center
Rules of Inheritance
(Separate Website)
The following outline is a summary of the Georgia Law which determines who are "heirs at law" of a Decedent (the person whose death necessitates the administration of his or her estate). The actual statute may be found in the Official Code of Georgia Annotated, Section 53-2-1.
By: Athens-Clarke County Probate Court
What is Elder Abuse?
Provides information and resources for victims of elder abuse.
By: Atlanta Legal Aid Society, Inc.
What to Do When a Loved One Dies
(Separate Website)
There are a number of different proceedings which may be filed following the death of a loved one who owns property in the State of Georgia.This page briefly describes the usual, initial proceedings.
By: Probate Courts of Bibb and Clark Counties
Year's Support Following Death of Spouse or Parent of Minor Children
(Separate Website)
Despite its misleading name, a Year's Support award is a permanent award of property from a decedent's estate to the decedent's surviving spouse, surviving minor children, or both. The surviving spouse of the decedent can apply for Year's Support unless he or she has re-married after the decedent's death. This document explains more about rights to Year's Support.
By: Athens-Clarke County Probate Court
A Snapshot of Estate Recovery in Georgia The state of Georgia may place a lien on your real and personal property if you received Medicaid while in a nursing home or intermediate care home or mental institution.
By: Georgia Legal Services Program®
Heir Property in Georgia
(Separate Website)
This resource answers questions on heir property. Heir property is property that is passed down after a family member dies without a will. If you own real property, you should have a will.
This resource describes heir property and offers solutions to dealing with the problems created when property is passed without a will.
By: Georgia Appleseed
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