The Gwinnett County Probate Court address is:
Hours: Monday – Friday 8:00 AM – 4:30 PM
The Gwinnett County Probate Court phone number is: (770)-822-8250
Related: Have You Inherited A Mess?
What Probate Forms Do I Need to Bring?
Gwinnett County Probate Court Process: The Four Basic Steps to Probate
File Petition – Notify Heirs and Beneficiaries
The probate process begins with the filing of the petition with the Gwinnett County probate court.
This petition will either:
Submit the will to the Gwinnett County Probate Courts and appoint the executor, or…
But what if there is no will?
It’s up to the courts to appoint an administrator.
A notice of the court hearing regarding the petition must be provided to all the decedent’s heirs and beneficiaries.
If an heir or beneficiary objects to the petition, they can do so during the Gwinnett County Probate Court hearing.
A notice of the hearing for the probate court is published in a local Gwinnett County newspaper.
This is usually done to notify the decedent’s potential creditors that the court proceedings are occurring.
Personal Representative Must Notify Creditors
After the Gwinnett County court appointment, the law requires that the representative of the estate must notify creditors.
This notification must be a written notice mailed to all creditors of the estate.
You will need to prove to the creditors that the individual has passed with a death certificate.
Any creditor that wishes to make a claim on the estate has 90 days to do so.
In order to give all creditors time to submit claims to the decedent’s estate, Georgia probate law requires that an estate is held open for at least three months after the legal notice to the creditors is posted.
After the hearing, the decedent’s property, stocks, bonds, business interests, and other assets are inventoried to determine the value of the assets.
Sometimes, third-party appraisals are performed to appraise non-cash assets.
Estate Expenses Are Paid Out
Not all creditor claims are legitimate.
The representative of the estate must determine which claims are and pay them from the estate.
If needed, the representative may have to sell a property to satisfy the creditor bills.
Title is Transferred
After all the creditors have been paid from the estate it’s time to transfer title of the property.
The Gwinnett County probate courts will be petitioned for authority to transfer the remaining assets to the beneficiaries.
Once the petition is granted, a new deed will be drawn up by the personal representative and the assets and property will be transferred to the appropriate recipients.
How Long Does Gwinnett County Probate Court Take?
Probating a will should take less than a year.
In complicated cases, it can take even longer.
Some factors that can make for a longer probate process may include the following:
- Will contests challenging the validity of the will and/or certain bequests
- “Complicated” assets such as business interests, which are trickier to distribute to heirs, as opposed to straight forward ones like bank accounts
- Taxable estate, mostly because an additional governmental entity (Internal Revenue Service) will be involved
Some states do have simplified procedures for smaller estates, which can shorten the length of the probate process considerably.
Avoiding Gwinnett County Probate Court
But what about avoiding probate? Is it possible?
In the interest of having a fast and inexpensive probate process as possible, it may be desirable to skip it altogether.
The good news for those wondering how to avoid probate is that there are several ways.
- Joint ownership of property (property passes directly to another owner), or…
- Designating intended beneficiaries directly on life insurance, retirement, bank (“pay-on-death” or POD), and investment (“transfer-on-death” or TOD) accounts.
Creating a living trust is another option.
The grantor (person writing the trust) funds it by putting in assets of his or her choice.
The grantor retains control over the trust’s property until death or incapacitation.
At that point, the trust is turned over to the successor trustee (previously chosen by the grantor) to distribute trust property according to the grantor’s wishes.
All of this happens outside the probate process.
Georgia Probate Court Forms
Here is a list of all of the Gwinnett County Probate Court forms.
Consult with your attorney and find out which ones you need to print off.
Your attorney will tailor the forms you need for your situation.
Selling Deceased Real Estate Property in Gwinnett County
Honestly, you’re dealing with enough.
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