How long do you have to file probate after death in Georgia?

There is no timeline on when to file for probate after a death in Georgia . Under Georgia Law, an estate does not have to be probated. However, if you have the will, you must present the original document to the appropriate Probate Court.

How much does an estate have to be worth to go to probate in Georgia?

In Georgia, there is no specific estate value that requires probate . It depends on whether the deceased owned probate assets that must be settled.

What are the two types of probate in Georgia?

If your loved one did not have a Will, then there is a slightly different type of probate petition that you will need to file. In Georgia, there are two different types of probate, solemn form or common form .

Who has to be notified when a will is probated in Georgia?

Who receives notice? Heirs: The initial recipientsof probate notice are the heirs of the deceased individual . Georgia law requires that the heirs be notified prior to Letters Testamentary or Letters of Administration are issued to the Personal Representative to begin settling the Estate.

Can an estate be settled without probate in Georgia?

You can plan so that your estate does not have to be probated . There are ways to set up your estate plan so that, at the time of your death, ownership of your assets pass by operation of law to your family or selected beneficiaries.

What assets are exempt from probate in Georgia?

Non-probate assets include IRAs, 401(k)s, life insurance policies, annuities, real estate held as joint tenants, joint bank or brokerage accounts, and pay on death accounts .

Do bank accounts have to go through probate in Georgia?

In Georgia, you can establish what is known as “joint tenancy” to transfer ownership of property directly to a family member or loved one after your death. Real estate, vehicles, bank accounts, and other property can be owned jointly in this way, meaning they would not be subject to probate .

Do I need a probate lawyer in Georgia?

Each of these has set guidelines, which are usually provided to the petitioner by the Court. Due to the complexity of the process, it is recommended that you consult the professional expertise of a Georgia probate court or estate law attorney . He can help you arrive at the best option for your situation.

Who gets paid first from an estate in Georgia?

The highest priority claim against estate assets is an award ofyear's support to the family , which has top priority and which is paid before all creditors. The deceased' s funeral bills are second in line for payment.

What is the new probate law in Georgia?

However, Georgia has a new probate law going into effect on July 1, 2023 that imposes new and additional requirements on appointed Executors. The new statute, Official Code of Georgia (“O.C.G.A.”) § 53-5-8, requires an appointed Executor to send a notice of that appointment to the beneficiaries under the Will .

Can a house be sold while in probate in Georgia?

In Georgia law, yes . However, before selling the house in probate, there are considerations and legal processes.

Probate Court of Whitfield County (2024)

Report Corrections Here

205 North Selvidge Street, Suite G
Dalton, GA 30720

Phone: 706-275-7400
Fax: 706-281-1735

Website | Directions

Online Court Resources

Resources for the Probate Court of Whitfield County as well as online resources applicable to courts generally in Whitfield County, Georgia, and resources applicable to all courts inGeorgia.

Search court case records

Whitfield County Probate Court Estate Records

Search Whitfield County Probate Court estate records online. Enter "public" for User Name and Password. For search instructions, you must click the "Whitfield County Probate Court Record Search Instructions" in this CourtReference category, or the "Record Search Instructions" link on the court website.

Whitfield County Probate Court Record Search Instructions

View instructions for performing a Whitfield County Probate Court estate record search. To search, click the "Whitfield County Probate Court Estate Records" link in this CourtReference category, or the "Online Records Search" link on the court website.

Published opinions and orders

Attorney General Legal Opinions

Search or view Georgia Attorney General official and unofficial legal opinions.

Forms and related information

Probate Court Forms and Instructions

View and download Probate Court forms and instructions. Forms are available in multiple formats including fillable PDF.

Georgia Court Forms from the Administrative Office of the Courts

View and download forms for Superior Court, Juvenile Court, Probate Court, Inmate/Habeas Corpus, Domestic Violence/Protective Order, and Domestic Relations.

Online fine payments

Pay Whitfield County Probate Court Traffic Fines

Pay Whitfield County Probate Court traffic fines online. A fee applies.

Pay Super-Speeder and Failure to Appear Fines

Pay fines for Super Speeder and Failure to Appear violations online to the Georgia Department of Driver Services. You will need the transaction ID on the notice sent by the Department, your driver's license number, and your date of birth.

Self help, legal research, general information

Whitfield County Probate Court Self-Representation

View and download a pamphlet with information about representing yourself in Whitfield County Probate Court.

Probate Court Information

View information about Probate Courts and probate cases, including estates, marriage and firearms licenses, personal representatives, guardianships, a glossary, a link to forms, and court contacts.

Alternative Dispute Resolution

View information about Alternative Dispute Resolution, which includes mediation, arbitration, and neutral evaluation, and can help parties resolve disputes without going to court. Links include answers to frequently asked questions, a list of local programs searchable by county or name, and a roster of registered neutrals searchable by county, registration category or ID, area of expertise, and name.

Child Support Services

The Georgia Division of Child Support Services offers child support services, application forms, and instructions; online customer service; answers to frequently asked questions; and information about paternity, child support, case status, payment, enforcement, non-custodial parents, and interstate cases.

Court Rules

View the Uniform Rules for Superior, State, Juvenile, Magistrate, Probate, and Municipal Courts.

Georgia Accountability Courts

Georgia Drug Courts, DUI Courts, Juvenile Drug Courts, Family Dependency Treatment Courts, Mental Health Courts, and Veterans Courts can set up treatment programs in lieu of incarceration for some offenders. Links include a directory of all Georgia Accountability Courts, a list of links to some individual Accountability Court websites, calendars, and sample forms.

Legal aid, free services, lawyer referral

Conasauga Judicial Circuit Public Defender

View information about the Conasauga Judicial Circuit Office of Public Defender, which provides criminal defense services to low-income defendants facing possible incarceration, and some juvenile offenders, in Murray and Whitfield Counties.

Public Defender Services

The Georgia Public Defender Standards Council lists contact information by county for Circuit Public Defenders, Capital Defenders and Mental Health Advocates. Application forms, information about the procedure for determining indigency, and information about mental health matters is included.

Assistance with Complaints about Lawyers

The State Bar of Georgia offers a Consumer Assistance Program for people with complaints or concerns about attorneys, including information and dispute resolution services.

Consumer Protection

The Governor's Office of Consumer Protection offers information about its investigation, civil lawsuit, and criminal charge processes; instructions for filing a complaint; downloadable and online consumer complaint forms; tips and information about various scams; and links to additional consumer resources.

Find Free Legal Assistance

Find organizations offering free legal services and other types of assistance by county and organization name.

Find Recent Attorney Discipline Records

The State Bar of Georgia lists recent information about disciplinary actions taken against attorneys in Georgia.

Georgia Attorney Directory

Search the Georgia State Bar membership directory by name, specialty, law school, and location.

Georgia Legal Services

View information about the Georgia Legal Services Program, which provides free civil legal help for low-income residents.

How to Find a Lawyer

The State Bar of Georgia offers a "How to Choose a Lawyer" pamphlet and links to local bar associations and legal services providers.

Lawyer Fee Arbitration

The State Bar of Georgia offers an arbitration program to help resolve disputes over lawyers's fees. Links to program rules and answers to frequently asked questions are included.

Military Legal Help

The State Bar of Georgia Military Legal Assistance Program provides free or low-cost civil legal services to service members and veterans. An application form is included.

Advertising