Probate FAQs

When it comes to probate, most people come to us with a host of questions. At Teiger Law Center, P.C., we are happy to work with you, answer questions and help you make sense of the probate process.

Although it's important to work directly with a lawyer when engaging in the probate process, we have provided general answers to some of the most common types of questions we hear. Whether your question is listed below or you have other concerns, we encourage you to reach out to us at our Alpharetta or Cumming, Georgia, offices for more in-depth information and counsel.

Will probate be necessary in every case?
Not every Georgia probate matters needs to go to probate court. However, going through the probate process can help prevent potential liabilities and avoid future issues.

What does the administrator or executor need to do?
In Georgia, the executor or administrator of the estate has numerous obligations and responsibilities. Above all the executor or administrator must act in the best interest's of the estate. As your lawyers, we can advise as to the best methods for managing the estate and protecting yourself from any potential liabilities.

How long will all this take?
This is a common question that comes with an indefinite answer. In most cases, the probate process can last between six months to a year.

When is the will invalid?
There are numerous circumstances that may render a will invalid, including issues of undue influence, incapacity, fraud, the existence of another will or improper execution of the will. As your attorneys, we can explain these and other matters in detail as they pertain to your particular situation.

What if there is a trust?
There are numerous types of trusts and each presents its own unique requirements and contingencies. Whether the trust in question is a living trust or a contingent trust, we can help you understand your options.

What will happen to the family business?
Business succession planning is a complex process. Depending on how the business was set up, the business' assets may become part of the deceased's estate or may not be allowed to stand apart from the owner. Transferring or selling a business is a complicated process that requires careful counsel and representation from skilled attorneys.

Will stepchildren be considered heirs?
This is another complicated process. In cases where a stepchild was never actually adopted by the executor of the will, the stepchild will likely not be considered a legal heir.